Marsh v. Smith

I. The petition shows the execution of a deed for city lots, executed by defendant to plaintiff, with covenants of warranty, and avers a breach thereof, in that defendant was not seized of the estate and title conveyed in the deed, which were in another. It further shows the commencement of an action against plaintiff in a state court, of which defendant had notice, and the expenditure of money by plaintiff in its defense, and the prosecution of another action in the United States court, wherein a judgment was rendered against plaintiff, quieting the title of the lots in another; the same…