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

Rueger (D) and his wife conveyed land to Hilliker (P) and his wife as tenants by entirety. The deed stated that the grantors were seized of the said premises in fee simple and have good right to convey the same. P then entered into a contract with Schaefer to sell the property and Schaefer backed out claiming that P did not have marketable title. Schaefer sued P to recover his deposit and D knew of the action. Schaefer prevailed, and then P sued D for a breach of the covenant of seizin. P got the judgment and D appealed. The matter was reversed and a new trial was ordered. The second trial resulted in judgment for P. The judgment was affirmed by the appeals court and d appealed.

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