Fleming v. Harrison's devisees

*525OPINION of the Court, by

Judge Logast.

*-The points presented for our determination in this case, will be more correctly understood, by adverting to the case between the same parties, decided fall term 1810, (2 Bibb 171.) It was in that case determined that Fleming was entitled to 400 acres out of one of two tracts of land, hut that the representatives of Harrison might convey of either of those tracts: that the covenant of their ancestor was to convey ; and that its perform-anee devolved on them, without any precedent act on the part of Fleming. A conveyance has not been made ; none has been…