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BAINES V. CLARKE, 111 U. S. 789 (1884)

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U.S. Supreme Court

Baines v. Clarke, 111 U.S. 789 (1884)

Baines v. Clarke

Argued April 25, 1884

Decided May 5, 1884

111 U.S. 789


A conveyed to B a large quantity of land for $5 an acre, to be paid in installments with legal interest on deferred payments from June 3, 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 installment of $50,000 was agreed to be reserved until decision of the suits and ascertainment of quantity. chanroblesvirtualawlibrarychanroblesvirtualawlibrary

Page 111 U. S. 790

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 whether, 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 installment of the deferred payments, to interest from June 3, 1873.

The facts are stated in the opinion of the Court.

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