Cleveland v. Rodgers

Judge Logan

pronounced the opinion of the court.

The appellees exhibited their bill to recover from Cleveland the legal title to a certain tract of land previously sold by him. Cleveland defends upon the ground of surplus land, for which he had not been paid:

The sales were of several parcels, under two contracts, One entered into in September. 1796, and the other in September, 1799. By the first contract, Cleveland sold “all that tract or parcel of land contained in a survey of 442 acres, granted to himself; and also a small parcel, part of a tract of land adjoining, containing about 20 acres,…