Lost Creek Coal & Mineral Land Co. v. Hendon

BOULDIN, X

The action is for breach of covenants of warranty in conveyances of real estate.

An amendment correcting the description of the lands to which title failed is alcomplished by amendment to the erroneous lowable. It matters not whether this is account or by adding a new count.

The-mere fact that the description is by government numbers, S. W. % of N. E. % of a- given section, in one count, and S. W. of N. W. % of same section, in the amended count, does not make a departure apparent. Whether the new count relates to a separate transaction is a, question of fact to be determined by the…