Anniston L. & Mfg. Co. v. Griffis
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Action by J. B. Griffis against the Anniston Lumber & Manufacturing Company and others for damages for breach of the covenant against encumbrances. Judgment for plaintiff and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 450.
1Opinion of the CourtGardner, J.
Appellee (plaintiff in the court below) purchased from appellants a certain tract of land near Anniston, Ala., in January, 1915. The deed contained a covenant against, all incumbrances therein specified. Count A of the complaint, upon which the cause was tried, sought damages as for a breach of the covenant against incumbrances. From a judgment in. favor of plaintiff, the defendants appeal.
It was established upon the trial that on 31 acres of the land purchaed a railroad right of way had been condemned by proper judicial proceedings some years prior to the sale, but such road had not yet been…
2Cases cited10 opinions
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Holley v. YoungeSupreme Court of Alabama · 1855
- Andrews v. McCoySupreme Court of Alabama · 1846
- Anderson v. KnoxSupreme Court of Alabama · 1852
- Tuskegee Land & Security Co. v. Birmingham Realty Co.Supreme Court of Alabama · 1909
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3Cited by7 opinions
- Alger-Sullivan Lumber Co. v. Union Trust Co.Supreme Court of Alabama · 1922
- Smith v. Birmingham Realty Co.Supreme Court of Alabama · 1922
- Chicago, Mobile Development Co. v. G. C. Coggin Co.Supreme Court of Alabama · 1953
- Lost Creek Coal & Mineral Land Co. v. HendonSupreme Court of Alabama · 1926
- Colson v. HardenSupreme Court of Alabama · 1932
2 more not listed; retrieve them via the Exa API.