To Thomas Todd
Mount Vernon Augt 1. 1820
My dear Sir
Since the rect of your favor of the 29 June, I have again examined the papers respecting the Kentucky land with a view to the fact you allude to, and find that Lees bond for a conveyance to Genl W. bears date in [17]88 long before the deed to Banks. But upon an attentive consideration of the case of Brown vs. Jackson, I am by no means satisfied that it rules this case. In that Lee had made an actual conveyance to Craig in [17]90, which passed the legal title out of him &, tho the deed was not recorded in time, still it was valid as between those parties at the time when the second deed was made. In this case the legal title did not pass by the agreement to Sell & Convey, but still remained vested in Lee at the time he made the Conveyance to Banks. I have my doubt how the Court would have decided had that been the case of Brown vs. Jackson. At all events, I consider the question sufficiently doubtful to warrant the parties concerned in adopting your advice to avoid an expensive litigation about such property. If you concur in this opinion I will endeavour to obtain from the devisees immediately regular powers of attorney to make & carry the compromise into effect. Will you my dear Sir, permit your name to be inserted as the attorney? As you will have some trouble in the business it cannot be expected that you should undertake the agency without recieving an adequate compensation which I shall mention in my Circular to the devisees.
I shall do nothing further in the business 'till I hear from you which I hope will be soon that I may put matters in a proper tram before my departure for Phila. With best regards & wishes for Mrs T. I am my dear Sir very sincerely & affectly yrs
Bush. Washington
ALS, PP: Hampton L. Carson Collection. The letter was endorsed in Alexandria on 2 Aug. BW addressed the letter to "The Honbe Mr Justice Tod Frankfort Kentucky." Todd endorsed the letter, noting that it "Came to hand 19th Aug 20th Augt 1820."