Bank of the State of Georgia v. O'Neal
Supreme Court of Georgia
Action for breach of warranty. Before Judge Lumpkin. Fulton superior court. September term, 1896. The allegations were, that the bank was indebted to plaintiff $541.65, for that on November 3, 1879, it executed its deed conveying to Betsy O’Neal a described lot of land in the city of Atlanta, therein covenanting with her to warrant and forever defend unto her, her heirs, executors, administrators and assigns, against all persons.
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Action for breach of warranty. Before Judge Lumpkin. Fulton superior court. September term, 1896. The allegations were, that the bank was indebted to plaintiff $541.65, for that on November 3, 1879, it executed its deed conveying to Betsy O’Neal a described lot of land in the city of Atlanta, therein covenanting with her to warrant and forever defend unto her, her heirs, executors, administrators and assigns, against all persons. She thereupon entered into the lawful possession of said premises, and on May 28, 1889, conveyed the same for a valuable consideration to plaintiff, by virtue of…
1Opinion of the CourtLumpkin, P. J.
An action was brought by O’Neal against the Bank of the State of Georgia, in which it was sought to recover damages for an alleged breach of a covenant of warranty contained in a deed to land. The defendant filed a general demurrer, and also certain special demurrers; but the only error assigned in the bill of exceptions was the overruling of the general demurrer.
The headnote discloses the substance of what the plaintiff alleged as constituting the breach of warranty. As against a general demurrer, we think these allegations were sufficient to carry the case to a jury. If O’Neal, in order to…
2Cited by4 opinions
- Douglas, Augusta & Gulf Railway Co. v. SwindleCourt of Appeals of Georgia · 1907
- Meeks v. MeeksCourt of Appeals of Georgia · 1908
- Georgia Railroad & Banking Co. v. RayfordSupreme Court of Georgia · 1902
- West v. LeeCourt of Appeals of Georgia · 1938