V. . Heritage

The line of A. B. is to be considered as the boundary of the land sold by Heritage. He did not sell any beyond that, and of course did not sell to the plaintiff the land he says he did. If that land has been recovered from the plaintiff, this covenant does not subject defendant to pay for the value of it.

Verdict and judgment accordingly.

NOTE. — See Smith v. Murphey, ante, 183, and the references in the note thereto.

Cited: Dula v. McGhee, 34 N.C. 333; Bowen v. Gaylord, 122 N.C. 821. *Page 277