Martin v. . Cowles
Supreme Court of North Carolina
This was an action upon the covenant for quiet enjoyment contained in a deed of bargain and sale, executed to the plaintiff by the defendant, and the only question was, whether the plaintiff had been evicted under a better title than conveyed to him by the defendant.
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This was an action upon the covenant for quiet enjoyment contained in a deed of bargain and sale, executed to the plaintiff by the defendant, and the only question was, whether the plaintiff had been evicted under a better title than conveyed to him by the defendant. Upon the trial before his honour Judge Martin, at Sur-ry, on the last Circuit, it appeared, that the land conveyed to the plaintiff, had formerly belonged to one Gentry, who conveyed to one Hudspeth for the purpose of defrauding his creditors. Hudspeth became indebted to the defendant, who, without any knowledge of the fraud, had…
1Opinion of the Court
Daniel, Judge.
— If the plaintiff had the better title to the land, and could have defended the possession of Buch-annan his tenant, in the action of ejectment which was brought by Edwards against him, and did not do so, he has no right to maintain this action; for the covenant for quiet enjoyment was, in law, not broken. It therefore becomes necessary for us to inquire, whether he had the better title. The Court instructed the jury, that if the conveyance from Gentry to Hudspeth, was fraudulent as to his, Gentry’s, creditors, the land was liable to the claims of the creditors in the hands of…
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