Cundiff v. Hail

Judge Mills

delivered the opinion.

George Cundiff and James Eastham, sen. conveyed to Thomas Hail a tract of sixty- five acres of land by deed with general warranty. Part of this land was evicted by a paramount title, and Eastham being th«B dead, Hail brought his action of covenant on the warranty against George Cun-diff, the surviving obligor, and recovered a verdict and judgment for the value of the land lost. - .

To be relieved against this judgment, George Cundiff fded this bill, staling that the tract so conveyed was part of a larger tract of One thousand acres, patented in the name of…