Clary's Heirs v. Marshall's Heirs

delivered the opinion of the Court. — Judge Marshall did not sit in this case.

In 1809, William Marshall, of Virginia, sold or exchanged to James Edmondson, of the same state, 5000 acres of land, out of a large tract of upwards of 13,000 acres, lying in Kentucky, which he held in conjunction with Charles Marshall, and gave his bond to convey, with a warranty and stipulation to refund twenty shillings per acre, with interest, in case any was lost. In the fall of 1809, Edmondson, with his family, removed to Kentucky, and by the direction of A. K. Marshall, the agent of William Marshall, he and…