Houston v. Hurley
Court of Chancery of Delaware
Bill in equity, filed under the following circumstances :— Stephen Hurley, the defendant’s intestate, sometime prior to Hov. 13th, 1854, by a contract in writing, agreed to sell and convey to James L. Houston, one of the complainants, by “ a good and sufficient title,” a tract of land situate in the State of Maryland, known as the “ Moreign tract,” described as containing 511 acres, more or less, for the sum of $2000, to be paid as follows: $50 in cash at the date of the…
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Bill in equity, filed under the following circumstances :— Stephen Hurley, the defendant’s intestate, sometime prior to Hov. 13th, 1854, by a contract in writing, agreed to sell and convey to James L. Houston, one of the complainants, by “ a good and sufficient title,” a tract of land situate in the State of Maryland, known as the “ Moreign tract,” described as containing 511 acres, more or less, for the sum of $2000, to be paid as follows: $50 in cash at the date of the contract, and the residué in notes of $500 each, with surety, payable six months apart. The contract was executed by a deed…
1Opinion of the Court
Harrington, Chancellor.
The proof in this case establishes a written contract by the defendant’s intestate, *254Hurley, to sell to Houston,the complainant, the “ Moreign” tract of about 511 acres of land, and to make him “ a good and sufficient title” to it, for the consideration of $2000—a small part to be paid in cash, and the balance to be secured by three notes, of $500 each, with complainant, Hazzard, as surety. The notes were made, and Houston went into possession. The contract is without date, and the time of making it uncertain; the complainants alleging that it was in the fall of 1853,…
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