Debell v. Foxworthy's heirs

Judge Simpson

delivered tlie opinion of the Coart. — Chief Justice Marshall did not sit in this case.

William Marshall, of Virginia, having executed his bond to James Edmonson, for 5,000 acres of land, containing a stipulation, in the event any of the land was lost by a better title, to refund at the rate of twenty shillings an acre; Edmonson brought a suit in equity on the bond, and in 1817 obtained a decree against the heirs of William Marshall, he having died, for the conveyance of 5,559 acres. The decree required, and the commissioner’s deed executed in pursuance thereof, covenanted for the…