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has taken place in consequence of the Holmes' heir[?], might [?] the due proportion of the purchase-money (of 1500) with intent from the time when Beaty became liable for cents and profit to Holmes' heirs. Their action was begun in 1872, and they were entitled to damages [?] profits for a period not extending 5 years [?], (VC 73. Ch. 131, 830), which would have gone back to 1867, two years before Beaty's purchase.

In this case of an executing contract, when M the purchase-money has not been paid, it season to be only [?] justice to [??] at the very comment[?] of the transaction, the date of Gibson's[?] default to the extent of that default, [?] if Beaty some not [?] for the [?] profits to Holmes' heirs, for they were not profits demand from any this belonging to Gilson[?].