Bottorf v. Smith

Smith sued John and Simon Bottorf, upon a promissory note for the payment of 1,000 dollars. The note bears date June 1, 1854, and is payable to Smith at one day. The defendants answered—

1. That the note was given in consideration of the purchase of lot number one hundred and twenty-eight, in Jeffersonville; that before receiving a deed, they sold the lot to one Jacobs, and'that Smith, by their direction, conveyed it to Jacobs, in which conveyance he, Smith, covenanted that he “was seized of a good, sure, indefeasible title in fee simple to said lot, and that it was free from al incumbrances.”…