Cooper v. Brown

OPINION OF

THE COURT.

This is an action of assumpsit, brought to recover the-consideration paid for certain lots of ground,' sold by the defendants to the plaintiff, in June, 1836. and which they agreed to convey by a deed of general warranty, but which they had failed to do. One of the parties, from whom the deed was to come, deceased, and no steps were taken to procure a conveyance from the representatives of the deceased, by the defendants, until August, 1838,. when a bill was filed. This bill is still pending, and has not been prosecuted with ordinary diligence. In the mean time the…