
    Ward against Holmes.
    In an action for breach of a covenant of seizin and warranty, the court will not change the venue to the county where the lands lie, without an. affidavit stating special circumstances.
    
      Dayton moved to change the venue in the action from Burlington to Salem county, upon the ground that the action was local, it being brought upon a covenant of seizin, and warranty in a deed for lands lying in the county of Salem; and he cited 1 Com. Dig. title Action 4; Caine’sRep. 5.
    
    Jeffers,, contra.
    By the fourth section of o.ur statute “relative to the Supreme and Circuit Courts,” {Rev. Laws-453) an action merely transitory may be tried in the county in which the cause of action arose, or the plaintiff or defendant resides at the time of instituting such action. The court may, upon an affidavit stating special circumstances, change-the venue. But no such special circumstances have been laid before the coart in this case, and as this was a transitory, and not a local action, the court would not grant the application. The case cited from Caines was not decided merely upon the ground that the action was upon a covenant of seizin, but upon the usual affidavit.
    
   Per Curiam.

This is not a local action, and therefore the court will not change the venue without an affidavit stating special circumstances.  