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P alleged a breach of covenant of warranty or quiet enjoyment, and not a covenant of seisin. The chain of title shows a deed from Kenneth Findley to John Findley in trust for Murchison Findlay; a deed from Murchison Findlay to William Robertson in 1836; a deed from William Robertson to Elbert Robinson in 1848; proof of the lost or mislaid deed or rather attempting proof, from Elbert Robertson to John C. Moore in 1860; deed from Moore to Fears in 1862; deed from Fears to Olmstead in 1863; deeds from Olmstead and Christian to Jones in 1864; deed from Jones to P. The conveyance of Murchison Findley to D was voluntary. The court found against P and P appealed.

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