Bush v. Person - 59 U.S. 82 (1855)


U.S. Supreme Court

Bush v. Person, 59 U.S. 18 How. 82 82 (1855)

Bush v. Person

59 U.S. (18 How.) 82

Syllabus

Where a person mortgaged land which was at the time subject to a judgment lien, the deed containing what was equivalent to a covenant of warranty, then took the benefit of the Bankrupt Act of 1841, and then purchased the property which was sold under the judgment lien, he is estopped by his covenant from setting up his after-acquired title to defeat the mortgage.

The bankrupt act does not annul a covenant in such a case.

The case is stated in the opinion of the Court.



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