Skillern's Executors v. May's Executors
8 U.S. 137 (1807)

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U.S. Supreme Court

Skillern's Executors v. May's Executors, 8 U.S. 4 Cranch 137 137 (1807)

Skillern's Executors v. May's Executors

8 U.S. (4 Cranch) 137

ERROR TO THE DISTRICT COURT OF THE

UNITED STATES FOR THE DISTRICT OF KENTUCKY

Syllabus

If the obligee of a bond obtain titles in his own name for part of the lands, the assignment of which to the obligor was the consideration of the bond, and suffer the titles to the residue of the lands to be lost by the nonpayment of taxes, a court of equity will not lend its aid to carry into effect a judgment at law upon the bond.

A court of equity will annul a contract which the defendant has failed to perform and cannot perform on his part.

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