Jay v. Whelchel

Bleckley, Chief Justice.

In 1860; Jay executed a deed to Whelchel, conveying certain land. It was an ordinary deed, absolute in all its terms, conveying the land in fee simple, with warranty of title. Upon the back of it was endorsed an entry, signed by Whelchel, the grantee, to the effect that it was to be returned to Jay cancelled, on condition that Jay paid by a certain time $90, with interest thereon from date. This entry on the back is of the same date as the deed itself. An action of ejectment, after the lapse of many years, was brought by Whelchel against Jay, and on the trial, this…