To J. McDowell1Jump to section
I hope you will excuse me for not sooner answering Mr. Constable's2Jump to section letter, inclosing also one from you, when I assure you that I have not until now, had an oppertunity to examine the case.
Mr. Constable has stated or rather propounded several interrogatories, but I think I can express my views better without following them strictly. Whatever your uncle could do, if he were now alive, in relation to this contract, I think these devisees can now do---that is, your uncle, if now alive, could tender the remaining payment and interest, and have a specific performance, or damages in lieu, unless he should be barred by the Statute of limitations; but he would be barred by the Statute, unless there is some great length of time allowed by the terms of the bond for the payment of the money. The terms of the bond, in this particular you have not aforded me the means of knowing. But these devisees may stand on better ground than your uncle would if alive, as against the Statute of limitations; that is to say, if your uncle was not, by the terms of the bond, in default of payment, before his death, then the time of the minority of the devisees will not be counted against them otherwise, if he was so in default.