Wilkes v. Wilkes

Wyatt, Justice.

1. No error is complained of, except the direction of a verdict for the plaintiff as to title to the land in controversy, which was the main issue tried. The action of the trial court is probably sustainable on more than one theory. We'rest our • decision on one proposition only. The plaintiff proved his title. There was no issue as to the execution of his deeds. There was an issue as to whether he had complied with the covenant in his first deed, but there was no evidence whatever proving his insolvency.

Counsel for the plaintiffs in error recognizes the necessity of proof of…