Aven v. Beckom
Supreme Court of Georgia
Covenant, .in Twiggs Superior Court. Tried before Judge Hansell, October Term, 1851. This was an action by A. B. Beckom, against F. C. Aven, for a breach of warranty of soundness in a negro.
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Covenant, .in Twiggs Superior Court. Tried before Judge Hansell, October Term, 1851. This was an action by A. B. Beckom, against F. C. Aven, for a breach of warranty of soundness in a negro. The negro was sold by Aven as administrator on the estate of James A. Young, and in the bill of sale made by him, was the following warranty: “ And the said Furney C. Aven, administrator, warrants said negro constitutionally sound ; and he also warrants and defends the title to said negro, to Said Allen Beckom, his heirs, executors and administrators, against the claim of himself, his heirs and all other…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The great question in this case is, whether the plaintiff in error is personally liable upon this warranty of soundness. After the discussion, we are not enabled to consider it open. We must consider it as settled upon authority, against the plaintiff in error. Were it an open question, I must say, I would hesitate to charge an administrator, personally, upon a warranty of soundness of property, sold under an order of Court, made as administrator, and without evidence that he intended to charge himself.
An executor or administrator is not, by…
2Cases cited12 opinions
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Rossiter v. RossiterNew York Supreme Court · 1832
- Ballou v. TalbotMassachusetts Supreme Judicial Court · 1820
- Long v. ColburnMassachusetts Supreme Judicial Court · 1814
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3Cited by13 opinions
- Millican v. McNeillTexas Supreme Court · 1908
- Baxter & Co. v. CampSupreme Court of Georgia · 1906
- Roger Williams National Bank v. Groton Manufacturing Co.Supreme Court of Rhode Island · 1889
- Luden v. Enterprise Lumber Co.Supreme Court of Georgia · 1916
- Surtees v. HobsonCourt of Appeals of Texas · 1928
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