Martin v. Gordon
Supreme Court of Georgia
Covenant, from Harris Superior Court. Tried before Judge Worrill, at October Term, 1857. This was an action by Abraham Martin, administrator of his deceased wife, Sarah Martin, formerly Wardlaw, against Alexander J. Gordon, to recover damages for breach of a covenant of warranty of title to a lot of land. It appeared that defendant sold and conveyed the land to one John Fife, and the price or consideration, as contained ■and recited in bis deed, was 500 dollars.
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Covenant, from Harris Superior Court. Tried before Judge Worrill, at October Term, 1857. This was an action by Abraham Martin, administrator of his deceased wife, Sarah Martin, formerly Wardlaw, against Alexander J. Gordon, to recover damages for breach of a covenant of warranty of title to a lot of land. It appeared that defendant sold and conveyed the land to one John Fife, and the price or consideration, as contained ■and recited in bis deed, was 500 dollars. That Fife, in consideration of 1000 dollars, as recited in his deed, sold and conveyed the premises to Sarah Wardlaw, afterwards…
1Opinion of the Court
Lumpkin J.,
By the Court delivering the opinion.
In Harwell and another vs. Fitts, (20 Ga. Rep. 723,) this Court held that the recital in a deed, as to the consideration money, was inquirable into in a Court of law, as between the original parties. Indeed this proposition is not disputed by counsel for the plaintiff in error.
This being so, how is the subsequent conveyancee entitled to any greater privileges than Fife, the immediate feoffee of Gordon ? The plaintiff can derive no benefit from the bond of indemnity taken by Gordon, for his own security. Gordon sold the land for an inconsiderable…
2Cases cited1 opinion
- Harwell v. FittsSupreme Court of Georgia · 1856
3Cited by6 opinions
- Taylor v. AllenSupreme Court of Georgia · 1908
- Tucker v. McArthurSupreme Court of Georgia · 1898
- Wallace v. PerelesWisconsin Supreme Court · 1901
- Smith v. SmithSupreme Court of Georgia · 1979
- McRae v. SewellCourt of Appeals of Georgia · 1933
1 more not listed; retrieve them via the Exa API.