108 HOFFMAN v. JOHNSON.

thenceforward, as to this claim, the proofs are silent. There has
been no offer to return this bond of Benner's, or to assign the judg-
ment against him to the vendee. From the lapse of time and all
other circumstances, it may be presumed that this debt has been
satisfied; or, if not, that it has been owing to the laches of the
vendor; and, therefore, in this instance, also, the vendee is entirely
discharged from all further responsibility.

Upon the whole, it thus appears, that the entire amount of the
purchase money has been paid, or discharged in the manner agreed
upon. And here this case might be closed, were it not, that the
vendor, since he entered into this contract, has made a resurvey
of these tracts of land, and included contiguous vacancy; and,
that the vendee claims an allowance for deficiency in quantity.
These matters must be disposed of; and they have presented the
principal difficulties in the case.

Shall not this resurvey, made by the vendor, at his own expense,
after entering into this contract, enure, in all respects, to the benefit
of the vendee ? Shall the claim of the vendee for an allowance for
deficiency be sustained to the full amount, notwithstanding it has
been made up, in part, by contiguous vacancy included under the
warrant of resurvey ? and, shall the vendor be now called on to
refund, to the amount of the deficiency, not so made up by conti-
guous vacancy, after the purchase money has been paid? The
answers to these questions must be deduced from the peculiar rules
of our law relative to real estate. It does not appear, that these
questions have ever before been presented for judicial investigation;
the Chancellor is, therefore, without the aid of precedent.

In this case the vendor, by his bond, dated 23d July, 1791,
binds himself to convey to the vendee" the tracts or parcels of
land called Fouts Delight, and The Resurvey on Beauty, containing
four hundred and twenty-four and an half acres of land, more or
less." By a resurvey, made in April, 1792, these tracts were
found to contain together no more than 384 acres; but, by that
resurvey, eighteen acres of contiguous vacancy were included,
making, in all, 402 acres in this resurveyed tract which was called
"The Reunion," leaving a deficiency of 221 acres, including the
vacancy; and of 401 acres, if that addition is to be rejected. The
claim for an allowance for deficiency was first made by the supple-
mental bill, filed on the 15th of August, 1821; and, it is there
made and designated by a reference to this return on the warrant
of resurvey executed by and at the expense of the vendor.