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WALSH v. SMYTH. 11
thereof made at the expense of Smyth and Lynch; that on the said
conditions the plaintiffs should pay the sum of ten thousand
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 pursu-
ance 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 resurveyed 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, exe-
cuted bonds to the defendant 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 dis-
charge of the sum due on the first instalment, 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 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, tad been surveyed
and granted to divers citizens many years before the tide under
which Smyth and Lynch claimed. That the said Smyth and Lynch,
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