Mecklem v. Blake

By the Court,

Cole, J.

This was an action for a breach of a covenant of seizin. The form of the covenant was, that the defendant was “ well seized of the premises above described, as of a good, sure, perfect, absolute and indefeasible estate of inheritance in fee simple,” &c. The complaint alleged that he was not so seized, and negatived the language of the deed. The defendant answered that be bad performed the covenants of bis deed, and that at the time of conveyance be was well seized, &c., following likewise the language of the deed. On the trial the question was raised as to which party…