
    Seymour v. Ensign.
    A declaration upon the covenants of seisin, good; although it also sets forth the covenants of warranty.
    ActioN declaring upon tbe covenants of seisin, and tbe covenants of warranty in a deed of lands.
    Defendant demurs— 1st. Because they cannot be joined in the same action. 2d. That tbe defendant is not liable upon tbe covenants of warranty, to damages and cost, without an eviction of tbe plaintiff, and tbe defendants having been cited in to vouch, etc. wbicb bad not been done in tbis case.
    Judgment — That tbe declaration is sufficient.
   By the Court.

Tbe action well lies upon the covenants of seisin; and if tbe plaintiff hás not shown enough in bis declaration to subject tbe défendant bn bis covenants of warranty, it is but surplusage and will not vitiate what is well laid-  