Bank of Winchester v. White

The facts out of which the question for decision arises are as follows:

*64Some years ago the complainant sold to the defendant a track of 2,000 acres of land lying in the mountains of Franklin county at $3,000, $1,500 of which was paid in cash, and for the balance a promissory note of $1,500 was executed. After this time White was sued in ejectment by R. A. Alger, and the land was recovered from him. The complainant in the present case was not notified by White to take charge of the litigation so’ as to protect itself upon its warranty, and in fact was not permitted by White to do so. It craved…