3

Comstock v [VERSUS] Smith 13 Pub. 116
Wheelock v [VERSUS] Henshaw 19 Pub. 341
Jackson v [VERSUS] Winslow 9 [Civ?]. 13
In Equity, however, a different rule prevails
In that forum, a vendor will be constrained to make good,
out of any after-[acquired?] interest, whatevr he has professed
to sell. It is a clearly established if not very familiar
[strike]side[/strike] Equitable doctrine, that if a man contracts
to sell an estate which he has not at the time [strike]such contract
is entered into,[/strike] and he afterwards acquires such
an interest as will enable him to make good his contract,
he will be compelled to perform his engagement.
And it should be observed that Equity regards every assignment
or transfer which cannot operate as an executed
conveyance, as an execution, contract, and will give
it effect in one capacity, if it fail in the other.
Rawle's [Civ't?] of Title 347
Goodtitle v [VERSUS] Bailey [Civp?] Vol.
Whitfield v [VERSUS] Faussett 1 ves [?] 391
Knight v [VERSUS] Knight 1 ves [?] 411
Berkley v [VERSUS] Newman 2 P Wms 182
Hobun v [VERSUS] [TREVES?] 2 P Wms 191
Mitchell v [VERSUS] Winslow 2 Story's Rep 630
[Woodsworth?] v [VERSUS] Sherman 3 Story's Rep. 175
Breckenridge v [VERSUS] Churchill 399 Marsh 13
1 Madd Chan 437
2 White & Tud. Lead. Cus. (Pt. 2) 224
2 Smith's L. C. 528
So far is this doctrine carried, that although
according to the more recent, as well as the earlier authorities,
the right of property in chattels personal cannot
pass by grant (at law) under actually, or potentially
owned, when granted.
2 White & Tud. L. C. (Pt. 2) 225
Patch v [VERSUS] Tutin 15 M & W 110
Lunn v [VERSUS] Thornton 1 C B. 379
Winslow v [VERSUS] Merchants' Insur. Co. 4 Met. 306
Imes v [VERSUS] Richardsen 102d, 481;
Yet in Equity an Executive right in such case is acquired, which will
be enforced, although no present or actual interest at
law vested.
2 White & Tud L C (Pt 2), 228
2 [Stor?] [Ep?]. [?] 1040-'41.
The question, therefore, to be determined
in the case under consideation, is substantially, what
[J. A. Imes'?] deed purports to convey. If it purports to [?con-?]