Davenport v. Bartlett
Supreme Court of Alabama
Error to the Chancery Court of Mobile. Tx-ie bill was filed by the defendants in error, on the 9th March, 1842, in which they alledge, that on the 2d May, 1834, Benjamin F. Copeland, being in possession, and claiming to be the owner, conveyed by covenant of warranty, to Reinsen & Jude, all that portion of the Holman estaté in Mobile, which lies east of Commerce street, (and which is particularly described,) for the consideration of $16,000; that Remson & Jude, on the 10th…
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Error to the Chancery Court of Mobile. Tx-ie bill was filed by the defendants in error, on the 9th March, 1842, in which they alledge, that on the 2d May, 1834, Benjamin F. Copeland, being in possession, and claiming to be the owner, conveyed by covenant of warranty, to Reinsen & Jude, all that portion of the Holman estaté in Mobile, which lies east of Commerce street, (and which is particularly described,) for the consideration of $16,000; that Remson & Jude, on the 10th April, 1835, sold the same to complainants for $40,000; that they knew of no defect in the title, relied on their…
1Opinion of the CourtOrmond, J.
The first question which naturally presents itself, is, whether there is equity in the bill.
The object of the bill is to have the benefit of a covenant of general warranty to land in the city of Mobile, executed by Copeland, to Remsen Jude, who sold and conveyed the same land with warranty, to the complainants. It is not denied, that there has been a breach of this warranty, but, it is insisted that no action can be maintained for its breach, either at law or in equity, because the complainants have not been evicted from the premises.
The decree in favor of Davenport for one half of the…
2Cases cited3 opinions
- Kirkman v. VanlierSupreme Court of Alabama · 1844
- Dupuy v. RoebuckSupreme Court of Alabama · 1845
- Moore v. ClaySupreme Court of Alabama · 1845
3Cited by9 opinions
- Atkins v. AtkinsSupreme Court of Alabama · 1949
- Gunter v. WilliamsSupreme Court of Alabama · 1867
- Pearce v. KennedySupreme Court of Alabama · 1936
- Powell v. WilliamsSupreme Court of Alabama · 1848
- Barnett v. DowdySupreme Court of Alabama · 1922
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