Baines, Adm'r, Etc. v. Clarke and Others

Citations

• 111 U.S. 789
• 4 S. Ct. 671
• 28 L. Ed. 599
• 1884 U.S. LEXIS 1841

Syllabus

<p>Contract — Interest.</p> <p>A conveyed to B a large quantity of land for $5 an acre, to be paid in instalments with legal interest on deferred payments from June 3d, 1873. Suits were pending as to some of the lands, and it was agreed that if recovery should be had against A as in any of the suits, the land so recovered should not form part of the land sold, and the last instalment of $50,000 was agreed to be reserved until decision of thb suits and ascertainment of quantity. 'Held, (1) That A was entitled to interest according to the'agreement on deferred payments as to all lands of which he was in possession whethe, in suit or not ; (2) that as to all lands held adversely he was entitled to interest from the entry of judgment in his favor in the ejectment suits; (3) as to lands within the bounds of the description, the title to which was acquired by him after its date, to interest only, from the date of the acquisition of the title ; (4) and as to the last instalment of the deferred payments, to interest from June 3d, 1873.</p>