Taylor v. McIrvin

This is an action of covenant, brought by appellee against appellant, alleging the execution of a deed (with covenants of warranty), by appellant, conveying certain lands in Iowa to appellee with covenants of title free from incumbrance, and charging a breach of the covenants. In one count it is alleged that the deed was lost before it was recorded.

Defendant put in a plea of non est factum (not verified by affidavit); also, other pleas traversing specially allegations as to breach of covenants.

The issues were tried at the December term, 1873, and found for plaintiff. This verdict was set…