
    Case No. 4,538.
    ESTILL et al. v. BLAKEMORE.
    [Brunner, Col. Cas. 100;
    
    1 Overt. 273.]
    Circuit Court, D. Tennessee.
    June, 1808.
    
      
       [Reported by Albert Brunner, Esq., and here reprinted by permission.]
    
   M’NAIRY, District Judge,

said he had understood the practice in the state was to assess the damages in such cases, according to the value at the time of the verdict; but he much doubted whether such practice was legal or not.

TODD, Circuit Justice.

Cases have been decided in New York, Pennsylvania, Connecticut, and Virginia, contrary to the practice "here, as stated. The practice here, therefore, is very doubtful, and I am strongly inclined to think it is not law.

M’NAIRY, District Judge. It would seem that we could not with propriety depart from the practice in the state without further argument.

THE COURT

left the decision to the jury without any particular directions. The jury found a verdict for the plaintiff, and Grundy, for the defendant, moved for a new trial upon the ground of excessive damages.

SED PER CURIAM.

The damages are not excessive, nor more, it is believed, than the value of the land, estimated at the time of the covenant broken, or date of the deed, and interest (Ex relatione, Mr. Grundy.)  