Latimer v. Latimer
Supreme Court of South Carolina
Before Buchanan, J., Greenville, November, 1897. Action by James H. Latimer v. Joseph P. Latimer and John H. Latimer, executors of Hewlett Sullivan, for damages for breach of warranty in a deed.
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Before Buchanan, J., Greenville, November, 1897. Action by James H. Latimer v. Joseph P. Latimer and John H. Latimer, executors of Hewlett Sullivan, for damages for breach of warranty in a deed. The defendants alleged that the following deed was executed in satisfaction of said breach: Know all men by these presents, that I, Hewlett Sullivan, of the State and county aforesaid, in consideration of the sum of $5 to me paid in hand by M. Louisa Latimer, trustee, the receipt whereof is hereby acknowledged, and also in consideration of the love and affection I bear my nephew, Jas. H. Latimer, of…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice McIver.
The plaintiff brought this action to recover damages for the breach o'f a covenant entered into by the testator, Hewlett Sullivan, under his hand and seal; and the defendants, in their answer, allege that the said Hewlett Sullivan, in his lifetime, conveyed a large tract of land to the wife of the plaintiff, upon certain trusts therein declared, in consideration whereof the plaintiff agreed to release, and did release, the said Hewlett Sullivan from all liability under the aforesaid covenant. No evidence was offered of any…
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