Russell v. Napier

Blandford, Justice.

Russell exhibited his bill in the superior court against Napier, in which he alleged that he had bought a certain tract of land from, the defendant, also a right of way leading from this tract to a public road through other lands of the defendant, and that he paid for it and went into posses-ion of it; that Napier tendered him a deed after he had made payment for the land, and that he discovered that the deed was as to the land alone, and said nothing as to the right of way, whereupon he refused to accept it; that Napier thereupon stated to him that if he would accept this…