Randolph v. Alexander
Tennessee Supreme Court
In Error. 1 The plea of “ non infregit conneniionem ” to an action of covenant upon a warranty of title to land is bad in demurrer. 1 To sustain such an action, all the authorities concur that you must aver and prove the better title, and an ouster, by virtue thereof, from the warranted premises, by him who is vested with the paramount title; which ouster may be proved by parol. [Acc.
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In Error. 1 The plea of “ non infregit conneniionem ” to an action of covenant upon a warranty of title to land is bad in demurrer. 1 To sustain such an action, all the authorities concur that you must aver and prove the better title, and an ouster, by virtue thereof, from the warranted premises, by him who is vested with the paramount title; which ouster may be proved by parol. [Acc. Ferriss v. Harshea, M. & Y. 48.] But where the land is adversely held, at the time of sale, by title paramount, and the possessor holds out the purchaser, that is an eviction. [Acc. Stuart v. Nelson, 4 Hay.…
1Opinion of the Court
The facts of this case are set out in the opinion of the Court, as delivered by
Judge Catron.
This was an action of covenant'brouglit by the defendants [59] in error v. Randolph, upon a clause of general warranty, in a deed for 230 acres of land, by which Randolph covenanted to warrant and forever defend the land and premises to the said A. and K. Meek, their heirs and assigns forever, &c. The deed bears date in November, 1818.
The Meeks in the Court below declared upon the clause of warranty, and assigned as a breach that Randolph, on the 4th of July, 1818, had made a deed in fee simple to…
2Cases cited5 opinions
- Somerville's Executors v. HamiltonSupreme Court of the United States · 1819
- Duvall v. CraigSupreme Court of the United States · 1817
- People v. RunkelNew York Supreme Court · 1812
- People v. LeonardNew York Supreme Court · 1814
- Ilsley v. KnightMassachusetts Supreme Judicial Court · 1805
3Cited by1 opinion
- Francis v. WellsSupreme Court of Colorado · 1878