
    Cutler ads. Brickel.
    The clerk can not assess the damages for a breach of the covenant of seizin in a warranty deed.
    
      Berrien Circuit,
    
    1870.
    B sued C for a breach of his covenant of seizin in twenty acres, parcel of larger tract, in an action of covenant.
    C was defaulted. The rule absolute recited “ that the said plaintiff have judgment therein ” and judgment was entered on the Clerk’s report. A motion was now made to set aside the judgment as irregular.
    
      Muzzy for Defendant.
    
      J. Brown for Plaintiff.
   By the Court,

Blackman, J.

The damages in this case are unliquidated and the contract is' not one for the payment of money and therefore not within § 4424 C. L.

The judgment is set aside.  