Chinn v. Butts

delivered the following Opinion, at the last Term — June 2; but a petition fora re-hearing was after-wards presented, by which the decision was suspended until this day, when the petition was overruled.

Butts being in possession of land, under an executory agreement in writing, for the purchase of it from the owners, James and David Maccoun — Chinn, with full knowledge of that contract, purchased the same land, under a fieri facias against Butt’s vendors, which had been issued long after the date of their sale to him. Both Chinn and Butts obtained deeds of conveyance— the former from the…