Wilson v. Peelle

The complaint of the appellee is based upon a deed containing the usual covenants of warranty. The breach alleged is, that, at the time the deed was executed, the grantor did not have title to, or right to convey, a part of the land therein described j that a judgment was duly entered in *385an action instituted by the claimants thereof, adjudging them to be the owners, and that the appellee’s intestate thereupon surrendered possession of the land awarded by the judgment to the claimants.

It is urged that the administrator has no right to maintain this action, and we are referred to the cases of…