Legal Opinion

Oliver v. Holt

Supreme Court of Georgia

Decided December 12, 1913PublishedCited by 9 opinions

. Partition. Before Judge Hawkins. Johnson superior court. December term, 1912.

1Opinion of the CourtEish, C. J.

1. “A general warranty of title against the claims of all persons includes in itself covenants of a right to sell, and of quiet enjoyment, and of freedom from incumbrance.” Civil Code, § 4194. “A general warranty of title in a deed against the claims of all persons covers defects in the title though known to the purchaser at the time of taking the deed.” Civil Code, § 4195.

2. Where a vendor conveys land with a general warranty, though at the time he may not own an undivided interest therein, if he subsequently acquire such interest it will pass at once to the warrantee. Parker v. Jones, 57…

2Cases cited2 opinions

  1. Parker v. JonesSupreme Court of Georgia · 1876
  2. Hadaway v. SmedleySupreme Court of Georgia · 1903

3Cited by9 opinions

  1. Sikes v. SeckingerSupreme Court of Georgia · 1927
  2. Thomas v. HudsonSupreme Court of Georgia · 1940
  3. Walker v. HortonSupreme Court of Georgia · 1937
  4. Newton v. BullardSupreme Court of Georgia · 1935
  5. Perkins v. RhodesSupreme Court of Georgia · 1941

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