Young v. Whitaker

Judge Owsley

delivered the opinion of the court.*

This was an action of covenant, brought by the defendants in error in the court below, upon a covenant of warranty, contained in a deed of bargain and sale, execute^ by the decedent, Young, in his lifetime.

The breach of covenant is alledged in the declaration, to be an eviction, under a paramount title, effected through the judgment of the circuit court of the United States for the Kentucky district.

A guardian having been appointed, ad litem, to defend for the infant heirs, and be failing to appear and plead to' the action, judgment was taken…