Sebrell v. Hughes

— Action on the covenants of a deed for the conveyance of leal estate, it being alleged that the grantor was not the owner of, nor seized of a fee simple, indefeasible estate of inheritance in, nor had the right to convey the. same, and that said real estate had been lost to the plaintiff.. Issues of fact were formed and tried by the court, which, at. the request of the defendants, found the facts specially, and stated its conclusion of law thereon substantially,as follows,, to wit:

Gilbert Ross died intestate, being the owner in fee of' eighty acres of land described, and leaving surviving…