Brooks-Scanlon Corporation v. Arbuthnot

This was an action of covenant to recover damages for a breach of a real covenant of seizin and good right to convey. The covenant and breach are alleged in the following terms:

“Said defendant covenanted and agreed in the said lease that he was lawful owner of the said timber and that he had good right and lawful authority to sell and convey the said timber as he had therein, and in and by the said lease, sold and conveyed the said timber and he further agreed and promised and covenanted that he would warrant and defend the said timber and the right, easement and privilege of removing the…