Woodward v. Allan

Chief'Justice Robertson

delivered-the Opinion, of the Court.

Allan gave to Woodward a covenant for a conveyance a traet 0f iand? and for restitution of the consideration, with interest, “if the land should be lost.”

This suit is brought by Woodward, for damages for an alleged breach of the covenant; and the breach assigned, is that he had been evicted by a person holding “a superior and better title than the one-sold by. the defendant.'7'

Upon the trial, on- issues involving the fact of eviction,, the Court, on a demurrer to the testimony, decided against the plaintiff; and that judgment is now…