Walker's Administrator v. Deaver

On Motion for liehearing.

We are asked to review the opinion delivered m this case, 1st, Because the opinion assumes that the covenant in the habendum clause of Deaver’s deed embraces a covenant against incumbrances, when in law and fact it was merely a covenant to warrant and defend against incumbrances. It is however quite manifest, from the brief presented in support of the motion, that appellants’ real grievance is the amount of recovery adjudged against them,and they return to re-discuss the same matter so strenuously argued in the submission of the ease, to-wit: that on the breach of the…