delivered the opinion of the Court.
This wаs an action of covenant brought by the аppellee against the appеllant in the Boone Circuit Court. The case wаs argued and submitted to the Court, without a jury. Verdict and judgment for the plaintiff, from which the defendant bеlow appealed to this Court. The faсts as preserved by the bill of exceptiоns, 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 wаs patented to Virginia Samuel, and her heirs аnd assigns forever, on the 10th of May, 1826. That the said Virginiа 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 Edgeсomb S. S. Samuel, aud Virginia his wife, on the 6th of April, 1831, sold аnd 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 deеd to Hedelston, conveyed to him an indefеasible estate in fee simple, in and to thе land, which had been patented to the wifе? In settling this question, we need only look to the provisions of the act regulating conveyances, Revised Code, p. 215, which after pre