Griffin v. Reynolds
Supreme Court of Alabama
Error to the Circuit Court of Pickens. Tried before the • Hon. Sam’l Chapman. Action of covenant for .breach of warranty instituted by defendant against plainlifF in error.
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Error to the Circuit Court of Pickens. Tried before the • Hon. Sam’l Chapman. Action of covenant for .breach of warranty instituted by defendant against plainlifF in error. The facts appear in the opinion of the court. 1. To show that the demurrer to the first count of the declaration should have been sustained, we rely on the case of Roebuck v. Dupuy, 2 Ala. 535; 5 Ala. 5SG. 3 To sustain the demurrer to the second count, we rely on the following authorities — Caldwell v. Kirkpatrick, 6 Ala. 60; Clements v. Loggins, 1 Ala. 622; Dupuy v. Roebuck, 7 Ala. 484, at page 48S; Ouster what ? see 13…
1Opinion of the CourtDargan, C. J.
The declaration in this case is framed upon a deed of conveyance which contains the covenant created by the words grant, bargain and sell, and also the covenant of warranty of title. The breach alleged in the first count is thus stated: “And the said plaintiff further says, that neither the said Jack T. Griffin, (nor Elizabeth, his wife,) at the time of sealing and delivery of said deed, norat any other time, had full power, right or authority in law to grant, bargain, sell and convey the premises in said deed specified, nor any part thereof, to the said plaintiff, but on the contrary the…
2Cases cited4 opinions
- Roebuck v. DupreySupreme Court of Alabama · 1841
- Kerr v. Shaw & ShawNew York Supreme Court · 1816
- Kortz v. CarpenterNew York Supreme Court · 1809
- Gee v. PharrSupreme Court of Alabama · 1843
3Cited by8 opinions
- Prestwood v. McGowinSupreme Court of Alabama · 1900
- Gunter v. WilliamsSupreme Court of Alabama · 1867
- St. Paul Title Ins. Corp. v. OwenSupreme Court of Alabama · 1984
- Mackintosh. v. StewartSupreme Court of Alabama · 1913
- Oliver v. BushSupreme Court of Alabama · 1899
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