MR. JUSTICE BROWN, after stating the case, delivered the opinion of the court.
This case turns largely upon the legal effect to be given to the death of Western, which took place a few days after the contract for the sale of the land was made, and before the first note became due. Had Western not died, there can be no question that the payments to Kinney would have been good, and that Thayer would have been entitled to a deed.
Western's death undoubtedly operated...
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