Bradford's Heirs v. Brown

delivered the opinion of the court.* The defendant called the heirs of Flowers, in warranty of a tract of land claimed by the plaintiffs, as part of their father’s estate.

The warrantors support the title of the defendant, their vendee, on the following grounds :—

The premises are the one half of a tract of land, for which Bradford obtained a warrant of survey on the 2d of April 1796, and a certificate of survey on the 6th of August following. On the 21st of the same month, no grant having as yet issued, an agreement was *218entered into between Bradford and Flowers, by which the former covenanted…