Combs v. Tarlton's Administrators

Judge Underwood

delivered the Opinion of the Court in this case, on the 96th of April last: upon which a petition for a re^ hearing was presented, which is now overruled.

Combs bound himself to convey fifty two acres of land to Tarlton, upon the determination of a suit then pending between Martin Nall and Samuel Johnson. The title was in Nall. Combs claimed under a contract with *465Walker, who claimed under Fenwick, who, by contract with Nall, claimed four hundred acres, of which the said fifty two were part.

A writing binding the obligor to convey hind, is a covenant real; which, if not brol-en in…