Lyon v. Metcalf

This action was brought to recover upon the covenants of deed, the breach alleged being the existence of a prior incumbrance, which had been enforced, &c. Defendant did not plead, and from the judgment in favor of plaintiff, Olin Metcalf appeals.

It is claimed by her, among other points made, that she was the wife of her co-defendant, Enos Metcalf, that she, by the deed, only relinquished her dower, and is not therefore liable upon the covenants jointly, or otherwise, with her husband. The correctness of this position is not controverted by appellee, he maintaining, however, that there is…