Bernard v. Thayer

On the 15th February, 1861, the defendant, Jachonias Thayer, sold with full warranty to one F. Verret, certain lots of ground which a few days after Verret sold without warranty, but with a special subrogation of warranty against his vendor, Jachonias Thayer, the defendant, to Theophilus Thayer, who paid the purchase money to Verret.

When Jachonias sold the lots to Verret, he had no title whatever to them, having previously on the 25th March, 1857, transferred them to another person, and the present plaintiff deeming the sale to Verret fraudulent and a nullity, instituted the present…