
    LIBBEUS M. NICHOLS, Appellant, v. GEORGE W. NICHOLS and another, Executors, Respondents.
    
      Covena/nt of seizin — when broicen — effect of such covenant.
    
    The covenant of seizin in this State is merely a covenant of title, and is broken at the moment it is made if the grantor has not title. It does not relate to the possession, as it did formerly; and possession of the land, at the time of the conveyance, by a third person, does not constitute a breach of the covenant, unless such possession is adverse, so as to render the deed void for champerty.
    Appeal from a judgment in favor of the defendants, entered upon the trial of this action by the court, without a jury.
    
      William 8. Briggs, for appellant. Ch. G. Judd, for respondents.
   Opinion by

Smith, J.

Present — Mullin, P. J., Smith and Gilbert, JJ.

Judgment affirmed.  