Eubank v. Hampton

Judge Underwood

delivered the Opinion of the Court.

In 1798, Eubank executed a bond to Vaughan, for the conveyance of forty eight acres and three fourths of land, described by its boundaries. This bond Vaughan assigned to George Hampton, the appellee,who mortgaged the land to Jesse Hampton, in 1825. While George Hampton was absent from the state, as he alleges, Eubank and Jesse Hampton came to some agreement, the result of which was, that Eubank conveyed to him (Jesse Hampton) fifty one acres, more or less, in discharge of the bond, which was given up to be cancelled by said Jesse, to whom it…