Morgan v. Hann. & St. Jo. R. R.

On the 8th day of August, 1865, the defendant sold ana conveyed to the plaintiff, with covenants of general warranty, forty acres of land in the county of Livingston.

On the 12th day of May, 1871, the county of Livingston, claiming to own the same under the swamp land grant, conveyed said land to one J. Ii. Drake, to whom, as holding the paramount title, the plaintiff surrendered the possession without suit, and brought the present action to recover damages, for a breach of the defendant’s covenant of warranty.

There was a finding and a judgment for the plaintiff, and defendant has appealed to…