Jones v. Jones
Court of Appeals of Kentucky
Case 14 — PETITION EQUITY APPEAL EROM BATH CIRCUIT COURT. To recover for the breach of a general warranty to land the vendee must allege and prove that he has been evicted by one having superior or paramount title to the vendor; unless he gave notice to his vendor of the adverse claim and called upon him to defend the utle.
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Case 14 — PETITION EQUITY APPEAL EROM BATH CIRCUIT COURT. To recover for the breach of a general warranty to land the vendee must allege and prove that he has been evicted by one having superior or paramount title to the vendor; unless he gave notice to his vendor of the adverse claim and called upon him to defend the utle. (Stephens v. Pattie, 3 Bibb, 117; Bedell v. Lewis, 4 J. J. M., 568.) To entitle one in case of eviction to recover against his grantor on a general warranty it is necessary only to allege that the evictor had the title at the date of the grant; and the allegation in the…
1Opinion of the CourtChief Justice Pryor
This is an action involving an alleged breach of warranty by the ancestor of the appellants in the sale and conveyance of a tract of land in the county of Bath to the appellee. The case was heard on the equity side of the docket, and a- judgment rendered against the appellants to be levied on assets descended, and from which they prosecute'"this appeal. There was a covenant of general warranty contained in the deed, for the breach of which the' action was instituted.
The appellants filed a general demurrer to the petition that was overruled, and this is the first error complained of. It is…
2Cases cited1 opinion
- Stephens v. PattieCourt of Appeals of Kentucky · 1813
3Cited by11 opinions
- Foxwell v. JusticeCourt of Appeals of Kentucky · 1921
- Pioneer Coal, Company v. AsherCourt of Appeals of Kentucky (pre-1976) · 1928
- Walker v. RobinsonCourt of Appeals of Kentucky · 1915
- Cornelius v. KinnardCourt of Appeals of Kentucky · 1914
- Grant v. McArthur's ExecutorsCourt of Appeals of Kentucky · 1913
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