Legal Opinion

Fishel v. Browning

Supreme Court of North Carolina

Decided September 17, 1907PublishedCited by 10 opinions

Civil actioN, tried before Lyon, upon demurrer to the complaint, at June Term, 1907, of the Superior Court of WaRRBN County.

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Civil actioN, tried before Lyon, upon demurrer to the complaint, at June Term, 1907, of the Superior Court of WaRRBN County. The plaintiff alleges that the feme defendant, being the owner of the land described in the complaint, with the written assent of her husband, the male defendant, for a full and valuable consideration, conveyed said land to him by deed, bearing date 6 July, 1904. The said deed contains the„following covenants: “And the said Howard Browning and wife covenant to and with the said D. A. Eishel, his heirs and assigns, that they are seized of said premises in fee, and have…

1Opinion of the Court

CoNNOR., J.,

after stating the case: The deed set forth in the complaint contains several ’.ovenants: (1) The covenant of seizin and right to convey. (2) Covenant against encumbrances. (3) General warranty, which is,- under our decisions, a covenant for quiet enjoyment. It is not clear that the plaintiff intends to allege a breach of the covenant of seizin. Giving, however, the language of the complaint a liberal construction for the purpose of discovering such allegation, we are of the opinion that, for the purposes of this appeal, the feme defendant was seized of the land — that she had…

2Cases cited9 opinions

  1. Peters v. BowmanSupreme Court of the United States · 1878
  2. Gore v. . TownsendSupreme Court of North Carolina · 1890
  3. Shattuck v. . LambNew York Court of Appeals · 1875
  4. Webb Cash'r v. . BoyleSupreme Court of North Carolina · 1869
  5. Spencer v. Weston's HeirsSupreme Court of North Carolina · 1835

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3Cited by10 opinions

  1. In re MunfordDistrict Court, E.D. North Carolina · 1919
  2. Morton v. Pine Lumber Co.Supreme Court of North Carolina · 1919
  3. Taylor v. . MeadowsSupreme Court of North Carolina · 1915
  4. In Re the Will of StimpsonSupreme Court of North Carolina · 1958
  5. Seymour v. WS BOYD SALES COMPANYSupreme Court of North Carolina · 1962

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