Guerin v. Smith

This was an action of assumpsit, containing one count upon a covenant and the common counts. *372The count on covenant set out a deed from defendant to Daniel J. Guerin, plaintiff’s grantor, and the deed' from Daniel to plaintiff. Defendant was alleged to have covenanted against incumbrances and grants, and that he would warrant and defend against all lawful claims. The count then sets out an outstanding mortgage, which was foreclosed and that subsequently plaintiff received a reconveyance from the purchaser on the sale, on payment of the price and inter est.

The case seems to have been tried…