Baley v. Deakins

Judge Marshall

delivered the opinion of the Court.

This action of ejectment having been brought on the demise of Rochford and others, who had conveyed to Baley, as well as on the demise of Baley himself, a recov*160ery on the demise of Baley might be defeated by showing that at the date of the deed to him, the land was held adversely to the title conveyed. But according to the decisions of this Court, in the case of Cardwell vs Sprigg’s heirs, (7 Dana, 40-41,) and Beatty, &c. vs Hudson, (9 Dana, 322-3,) a recovery on the demise of the grantors could not be defeated at the trial, on the ground of…