Miller's Administrator v. Young

Decided July 15, 1812

Indebitatus assumpsit for goods sold and delivered. The de-fence was, that the defendant paid the debt by a deed of land in Kentucky, with general warranty, which the plaintiff received in payment.

Decided 1812-07-15

The Court,

¶1however,

(Thruston, J., absent,)

¶2had made up their opinion, that the statute against pretensed titles did not vacate the deed; and that the agreement to settle the account, being executed by a deed with general warranty, which was accepted by the plaintiff, the transaction was closed and could not be disaffirmed; and that the plaintiff must resort to his warranty..