Weller v. Weyand

The opinion of the court, containing a sufficient statement of facts, was delivered December 16, 1853, by

Lewis, J.

— The contract entered into by the executors of Michael Hay, for the sale of the farm received from John Hay, did not, in any manner, affect the title of the latter to the land in dispute. The subsequent rescission of that contract, and the restitution to the purchaser of the money received, on the ground that they were unable to make title, was equally immaterial to the present issue. The 1st and 2d assignments of error are, therefore, sustained; but the third calls for our…