3 Mo. 391 | Mo. | 1834
delivered the opinion of the Court.
Sarah Long, administratrix of B. Long, brought an- action of covenant against Martin, for a breach of a covenant of seizin. Judgment by default was taken, and on the execution of the writ of inquiry, the defendant appeared and took a bill of exceptions. The plaintiff’s declaration is in substance as follows: that on the 30th day of Dec., 1828, the said Martin by his deed poll, for and in consideration of the sum of $1,000 to him in hand paid by said B. Long, granted, bargained,and sold, and conveyed unto the said Long a certain tract of land-in the county of St. Louis, (setting out the boundaries,) con'aining 75 acres 32-100; also one other tract adjoining the before described tract, bounded as follows: beginning in the westwardly boundary of the before mentioned tract at a rockr &c., setting out the boundaries as before, containing 46 acres and- 65-100, making in all 121 acres and 97-100, the last described tract being a part of the original survey of Wm. Griffin. The lands by the said deed conveyed being three-sevenths of 328 arpents, which descended to the children of John Whitset and his wife Phebe, which said lands the said Martin pur