Prestwood v. McGowan
Supreme Court of Alabama
Damages for Breach of Warranty of Title. Appeal from Covington Circuit Court. Heard before Hon. John P. Hubbard. Action by S. W. McGowan and. others against J. A. Presttvood and o-tliers.
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Damages for Breach of Warranty of Title. Appeal from Covington Circuit Court. Heard before Hon. John P. Hubbard. Action by S. W. McGowan and. others against J. A. Presttvood and o-tliers. From a judgment in favor of plaintiffs, defendant Prestwood appeals. — Under the state of the pleadings in this case the court erred in adjudging all the costs against Prestwood. — Handley v. Lawler, 90 Ala. 527; §§ 1331 and 1332, Code 1896. There can be no adverse possession without color of title or bona fide claim of inheritance or purchase unless the statute is complied with. — §§ 1541-5, Code 1896. For…
1Opinion of the CourtSimpson, J.
This was an action claiming damages for the breach of a warranty of title in a conveyance of land. There are numerous assignments of' error, but the only matters insisted on in the brief of counsel for appellant are as follows:
1. The failure of the court to tax costs against the plaintiff on account of two defendants in favor of whom pleas of coverture were sustained, and another wlm died during the progress of the case, on account of which the suit was allowed to abate as to his estate. It may be replied to this that there is no assignment of error on this point, nor any evidence that any…
2Cases cited16 opinions
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Birmingham Railway & Electric Co. v. BaylorSupreme Court of Alabama · 1893
- Gilmer v. WallaceSupreme Court of Alabama · 1883
- Caldwell v. KirkpatrickSupreme Court of Alabama · 1844
- Ala. Great Southern Railroad v. Thomas & SonsSupreme Court of Alabama · 1887
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3Cited by8 opinions
- Louisville & Nashville R. R. v. LoweSupreme Court of Alabama · 1908
- Central of Georgia Ry. Co. v. IsbellSupreme Court of Alabama · 1916
- United States v. BrannanCourt of Appeals for the Fifth Circuit · 1914
- Blaum v. MaySupreme Court of Alabama · 1944
- Corona Coal Co. v. HookerSupreme Court of Alabama · 1920
3 more not listed; retrieve them via the Exa API.