WALSH v. SMYTH.—3 BLAND. 3

fifty acres, on the following terms, that is to say: that grants for
three tracts of the said land described on Thomas Gilbert's plot,
which had not been obtained, should be procured by them; as also
for four tracts described on John F. Gardner's plot; that the whole
of the said lands should be conveyed; and a re-survey
*thereof made at the expense of Smyth and Lynch; that on 11
the said conditions the plaintiffs should pay the sum of ten thou-
sand pounds, in the manner following, to wit: two thousand
pounds immediately in goods; seventeen hundred and fifty pounds
in ninety days, from the 10th of July, 1794; one-fourth of the
balance of the whole sum at the end of one year; one other fourth at
the end of two years; one other fourth at the end of three years; and
the remaining fourth at the end of four years from that day, with
interest on each sum if not paid when due. In pursuance whereof
the said lands were conveyed unto the plaintiff Robert Walsh; and
Smyth and Lynch executed a bond, conditioned, that the said lands
should be re-surveyed and possession delivered at their expense; and
the plaintiffs accordingly paid the sum of three thousand, seven
hundred and fifty pounds, in money and goods, agreeably to their
contract; and on the 11th of July, 1794, executed bonds to the de-
fendant Smyth, in his own name, securing the payment of the
balance of the purchase money in the manner above mentioned;
and have since paid six hundred and five pounds, fourteen shillings
and three pence half penny, in part discharge of the sum due on
the first installment, for which they received no credit.

The bill further states, that the plaintiffs employed a certain
Jared Bull to go to Georgia, to inquire as to the title and quality
of the lands, who obtained information that the lands described in
the plot to Blanton and Lewis, and that described in the plot to
Gardner and Gilbert, in virtue of certain warrants issued out of
the land Court of Washington County, were not so granted; but
were fraudulently obtained upon forged warrants, as the plaintiffs
presume, from a certificate of the clerk, that no such warrants
had ever been issued from the said Court; and that such parts of
the said lands as were within Franklin County had been surveyed
five or six years prior to the grants under which Smyth and Lynch
claimed; and the whole were held and owned by divers citizens
under lawful titles. That seventy thousand acres of the land in
the said plot surveyed for Gilbert, was within the Indian Territory;
and being beyond the line between the whites and Indians, no valid
grant of it could could be made by Georgia, without the assent of
the United States, which had not been obtained; and that the
residue thereof, lying within Franklin County, had been surveyed
and granted to divers citizens many years before the title under
which Smyth and Lynch claimed. That the said Smyth and
Lynch,* in dealing with the plaintiffs, represented them-
selves as the only owners or persons having any interest in 12