Pate v. Mitchell

Thomas II. Tindall, by deed dat.ed 17th January, 1857, conveyed to Joab Mitchell a tract of land. The deed contained a covenant.of seizin, for breach of which the action in this case was brought.

At the trial — which was before the court sitting as a jury— it appeared in evidence that, at the time the deed was executed, the title to a part of the land was not in the grantor, but was outstanding, and that the grantee afterwards bought it. The court found for the plaintiff, and assessed his damages at $2,180, being the amount, with interest, paid out by him to perfect his title, as ascertained…