Joyce v. Murnaghan

This is an action for damages for breach of a covenant of warranty. One. of the defenses was an equitable defense. The cause was heard by the court without a jury. The court gave judgment for the plaintiff for nominal damages — one dollar and costs. The substantial grounds of the action were, that on April 25, 1874, the defendant conveyed by warranty deed an undivided one-half of a parcel of ground to his brother, Daniel Murnaghan, the father of the minor wards of the plaintiff, and that, at the time of this conveyance there was outstanding upon the jmoperty a deed of trust which had been…