delivered the opinion of the Court.
This was an action of covenant brought by the appellee against the appellant in the Boone Circuit Court. The case was argued and submitted to the Court, without a jury. Verdict and judgment for the plaintiff, from which the defendant below appealed to this Court. The facts as preserved by the bill of exceptions, are, “that the land sold by the defendant Hedelston, to the plaintiff Field, as set forth in the said plaintiff’s declaration, is the same land that was patented to Virginia Samuel, and her heirs and assigns forever, on the 10th of May, 1826. That the said Virginia Samuel at the time, and before the land was patented to her, was a feme covert, being lawfully married to Edgecomb S. S. Samuel; that Edgecomb S. S. Samuel, aud Virginia his wife, on the 6th of April, 1831, sold and conveyed said land by deed in fee simple, with covenant of warranty, to the defendant Hedelston; that Hedelston, on the first of December, 1831, sold and conveyed the same by a deed in fee, with covenants of warranty and seizin, which said deed is the same upon which the present action is founded.
The sole question raised is, whether Samuel and wife by their deed to Hedelston, conveyed to him an indefeasible estate in fee simple, in and to the land, which had been patented to the wife? In settling this question, we need only look to the provisions of the act regulating conveyances, Revised Code, p. 215, which after pre