Smith v. Davis

The opinion of the court was delivered by

Valentine, J.:

This was an action brought in the district court of Bourbon county on November 4, 1887, by H. D. Smith against John E. Davis and Margaret L. Davis, husband and wife, to recover for an alleged breach of covenants contained in a deed of conveyance of real estate executed by the defendants to the plaintiff. The plaintiff's petition alleges *363and sets forth among other things that the deed contained the following covenants, to wit:

“And the said parties of the first part do hereby covenant and agree that at the delivery hereof they are the…