Vermont v. Society for the Propagation of the Gospel

THOMPSON, Circuit Justice.

When this

cause was before the court at the last October term [Case No. 16,919], it was decided that none of the breaches alleged in the scire fa-cias were well assigned, except that which averred a non-performance of the condition; that every grantee, his heirs or assigns, should plant and cultivate five acres of land within the term of five years from the making of the grant, for every fifty acres contained in his or their share or proportion of land in said township. The defendants had leave, however, to withdraw their demurrer as to this breach, ■and plead…