Lynch v. Kitchen

The judgment of the court was pronounced by

Host, J.

This is ,an action of warranty. The plaintiff having obtained judgment for a portion of his-claim only, against Harriet Kitchen,and her husband jointly, has .appealed. The defendants ask.that the j udg-ment be revet sed, and that if the plaintiff’s .claim is maintained for any a-mount, they-may have judgmentfor the like sum against Philip M. Cuny, their warrantor.

In 1834, Philip M. Cuny mortgaged to the Canal and Banking Company a tract of land and some slaves, to secure .a loan -of 553000. Shortly after -he sold the land to the defendants,…