Warner v. Jones

It is conceded .by the defendant in this bill in equity, that the action at law brought by him in 1862 was for two breaches of covenant in the deed of warranty made by the plaintiff of certain premises in this: first, that Marcia Warner had dower in a larger portion thereof than was stated by the exception in the deed; and secondly, that the exception in the deed extended only to Marcia’s right, while the heirs of Vashni Warner had a reversionary right in the premises covered by her dower.

*217Marcia having died subsequently to the decision in the original action, the defendant brought a writ of…