Wilson Assignee v. Robertson

1 Tenn. 464

Opinion

Per Curiam.

The jury have found that the defendant had not the land he contracted to convey—in contemplation of law, it was therefore a fraud. If the defendant had such land as he has attempted to prove (though he had not a legal title to it) if he offered to shew land, to which he was entitled by contract for locating—by shewing this, he may perhaps have relief in equity; but it having been found by the jury, that he had no title, there must be judgment for the value of the land as it was estimated at this time.(b)

Footnotes

(b)

See 2 Hayw. 336, 334, 366. 3 Cr. 300. 1 John. 223. 2 Burr. 1110. Bull. N. P. 132. 2 Call. 95. 3 Caine’s R. 221. 4 Mass. 109. Hardin 41. Add. 23. 4 Dall. xx. v. 3 Call. 326.