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D defended an action for the breach of the covenant of seizin, with an answer that alleged that prior to the action, P, for value, sold and conveyed a part of the lands to another, and that the covenant declared on passed with the land so far as the contract covered the same, to the purchaser from P, and that recovery in this action for the land so conveyed is barred. A demurrer was sustained to this defense. D appealed.

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