Hills v. Sherwood

By the Court, Sawyer, J. :

The defendants are sued as executors of one James Stokes, to recover the purchase money paid for a tract of land conveyed by Stokes to plaintiff. The conveyance of Stokes as alleged in the complaint, and not denied in the answer, contained a covenant “ that the original Mexican title of said land was valid, and in the event that the said original title to the said land should not be confirmed by the Courts of the United States, before which it was then pending, upon the final adjudication of the same, the said Stokes, his heirs, executors and administrators should…