Johnston v. Hunly ( 1802 )

By

the Court.

The plaintiff having the legal title, is consequently entitled to a recovery in this action. The case cited from Cowper went upon the ground of the plaintiff's attempting to defeat a solemn deed under his hand, whereby he covenanted to let the defendant enjoy the premises : but that is very different from the case of an heir who has done nothing to impair his titles.

Verdict for the plaintiff.