Bedell v. Christy

The opinion of the court was delivered by

Johnston, J. :

This was an action on the covenant of warranty contained in a deed executed by L. M. Bedell to Cyrus L. Christy. At a judicial sale Bedell purchased a tract of land in Elk county. After the confirmation of the sale and the execution of a sheriff’s deed he transferred the. land to Christy by a conveyance containing the usual covenants of warranty. At that time Jackson C. and Jemima Cunningham, who were the mortgagors and judgment debtors, were in possession of the land, but soon afterward they surrendered possession to Christy and rented…