Machir v. M'Dowell

OPINION of the Court, by

Ch. J. Boyxe.

On the SOth of January, 1798, Machir and M’Dowell entered into a written contract, whereby the former agreed to sell to the latter a tract of land estimated to contain 500 acres, and to convey the same by a deed, with a covenant to refund at the rate of four dollars per acre for so much as might be lost by a better claim ; and M’Dowell on his part covenanted to pay therefor ⅜½000, by instal-ments.

Some of these instalments becoming due, and not being paid, Machir brought suit at law and recovered judgments therefor. To enjoin which M’Dowell filed his bill…