This section contains the nature of the case and procedural background.

Ds sold a lot to P. Ds covenanted in the deed that they were seised in fee of the premises, and had good right to sell and convey the same. Ds bought the lot from a predecessor. The prior instrument, executed and acknowledged by Willis G. Baker and his wife, in which these persons and S. B. Loye were named as parties of the first part, was fatally defective as a conveyance of real property, because no one was therein named as of the second part, and no person could take anything by it. The predecessor had purchased the lot but his name was mistakenly listed as a grantor and there was no grantee listed. P filed an action upon the covenant to recover the purchase money. A judgment was entered dismissing the action.

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