Anderson v. Knox
Supreme Court of Alabama
ERROR to tbe Circuit Court of Montgomery. Tried before tbe Hon. George Goldtbwaite. This was an action of covenant brought by Knox against Anderson.
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ERROR to tbe Circuit Court of Montgomery. Tried before tbe Hon. George Goldtbwaite. This was an action of covenant brought by Knox against Anderson. The declaration avers the sale and conveyance by Anderson to Knox of certain land therein described, and that by tbe said deed of conveyance said Anderson covenanted as follows, namely: “that be (Anderson) was lawfully seized in fee of tbe afore granted premises; that they were free from incumbrance, and that be bad a good right to sell and convey tbe same to tbe said William Knox, bis heirs and assigns.” Tbe breach assigned is, “that said…
1Opinion of the CourtChilton, J.
We are of opinion that the court properly overruled the demurrer to the declaration. It seems to be well settled, that in an action upon a covenant of seizin, the breach may be as general as the covenant. See Sedgwick on Damages, 181, and cases there cited. In this case, the pleader has averred the existence of an outstanding t tie or incumbrance, showing in what it consists, and also that the plaintiff below purchased it, in order to perfect his title, at the price of seven hundred and fifty dollars. In order to pass the title conveyed by Lucy Mayhew to George Whitman and his wife, it was…
2Cases cited1 opinion
- Andrews v. McCoySupreme Court of Alabama · 1846
3Cited by25 opinions
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Holley v. YoungeSupreme Court of Alabama · 1855
- Thomas v. St Paul's M. E. ChurchSupreme Court of Alabama · 1888
- Warren v. StoddartIdaho Supreme Court · 1899
- National Surety Co. v. Citizens' Light, Heat & Power Co.Supreme Court of Alabama · 1918
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