M'Ferran v. Taylor and Massie

ERROR, to a decree of the district court of the district of Kentucky, in chancery. M'Ferran in his bill alleged that on the 19th of March, 1784, the defendant, Taylor, for a valuable consideration, executed his bond to the complainant, for the conveyance of 200 acres of land out of 1,000 acres located by him on Hingston, or out of 5,000 acres which Taylor then had for location. The condition of the bond was as follows: 'that if the said Richard Taylor, his heirs &c. shall well and truly make, or cause to be made, to the said Martin M'Ferran, his heirs or assigns, a good sufficient title in fee simple to two hundred acres of land in the county of Kentucky, out of 1,000 acre tract, located by the said Richard Taylor on Hingston's fork of Licking; or 200 acres out of 5,000, which the said Taylor has now for location, provided he obtain the same, at such part or place thereof, as the said M'Ferran shall choose, not to exceed more than twice the breadth in length thereof, so soon as the lands can, in any degree of safety, be surveyed; then this obligation to be void, otherwise to remain in full force and virtue.' The bill further alleged, that on the 25th of September, in the same year, the defendant, Taylor, executed another bond to the complainant for 300 acres of land adjoining the former tract of 200 acres.