Brush v. Rothschild

We think the judgment should be reversed and a new trial granted. The proofs of the defendant indicate that she had no legal seizin at the time she made the covenant in question. Whether she had an equitable title, and whether a title of that character is sufficient to comply with the covenant, has not been discussed by either party to this appeal. Judgment and order reversed and new trial granted, costs to abide the event. Jenks, P. J., Thomas, Carr, Mills and Rich, JJ., concurred.