Washington v. Opie

STATEMENT BY MR. JUSTICE HARLAN.

Heirome L. Opie, by deed dated January 1, 1856, conveyed to Henry W. Castleman two tracts of land in Jefferson county, then in Virginia, now in West Virginia,-one tract containing 596 acres and the other 419 acres,-for the price of $41,733.66 1/2, of which $10,000 was paid at the time in cash, and for the remainder the grantee gave his bonds or single bills, bearing interest from date and payable annually, two for $5,000 each, payable, respectively, on the 1st days of January, 1857 and 1858, and six for $3,622.27 3/4 each, payable, respectively, on the 1st days of January, 1859, 1860, 1861, 1862, 1863, and 1864. These bonds were secured by a deed of trust to Robert Y. Conrad, which was duly acknowledged by Castleman, and recorded January 2, 1856.

Marshall McCormick and R. T. Barton, for appellants.

Robert White, for appellee.

Mr. Justice HARLAN, after stating the facts in the foregoing language, delivered the opinion of the court.