McConnell v. Downs

This was an action brought by Downs against McConnell, upon the covenants in a deed of conveyance from the former to the latter. It appeared upon the trial, that an action of ejectment had been brought against the tenants of Downs, upon an outstanding title; that he had notified McConnell of the pendency of the suit, and requested him to defend; that McConnell failed to do so, but Downs himself defended, and judgment was rendered against him. He then, to protect himself from actual eviction, bought in the outstanding title. McConnell, on the trial of this case, offered to rebut this proof, by…