Stewart v. Drake

The Chief Justice delivered the opinion of the court.

John Sharps, Jun., of the county of Sussex, being the owner of two farms in that county, mortgaged them to secure the payment of a large sum of money. Afterwards, on the first of April, 1818, he sold one of those farms to Imla Drake, for $7,287.87, and conveyed it to him, by deed of bargain and sale, containing covenants of seizin, of freedom for incumbrances, for quiet enjoyment, and of general warranty. Drake entered into possession. In the year 1823, upon a bill filed in the Court of Chancery, on the mortgage, against Drake and others, a…