Philip Pendleton Barbour

“ An exchange is an executed contract: it operates, per se, as a reciprocal conveyance of the thing given, and of the thing received in exchange. Now, so far from this ground being taken in Keene's petition, it will be seem that his allegation is, that the Messrs. Brown, for a valuable consideration received, became bound, by the act of sale of the 21st of August, 1807, to convey and deliver to him a lot of ground, as described in his petition; whereas, the argument at the bar assumes, that the act of sale was itself the conveyance. ”

“ It was competent to Keene to have called upon Delabigarre's executors for a conveyance of the lot, and in the event of failure, or refusal, to enforce it by judicial proceedings. If he has, by neglecting to do so, suffered loss; he must abide the consequences of his own negligence; and has no claim whatever, in law or equity, to throw the loss on Brown or his representatives. ”

“ Again: the lot in question is only described as to the extent of its front and depth, its situation on the batture, and the fact of its having been recently adjudged to Gravier by the Superior Court of Orleans; but it is not at all described by metes and bounds: and there were many lots on the batture to which the general description would equally apply. Now it enters into the very idea of an exchange, that the thing given or taken in exchange shall be specific, and so distinguishable from other things of the like kind as to be clearly known and identified. ”