Leary v. Durham
Supreme Court of Georgia
Covenant. Tried before Judge Scarborough, in Twiggs Superior Court, April Term, 1848. This action was predicated upon a covenant of warranty contained in a deed of conveyance of certain lands from the defendant in error to one Joel Lofton, who, by a subsequent deed, conveyed the premises to the plaintiff in error, with warranty.
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Covenant. Tried before Judge Scarborough, in Twiggs Superior Court, April Term, 1848. This action was predicated upon a covenant of warranty contained in a deed of conveyance of certain lands from the defendant in error to one Joel Lofton, who, by a subsequent deed, conveyed the premises to the plaintiff in error, with warranty. The covenant of warranty contained in the deed from Durham to Lof-ton, is in the following word's, to wit: “ And the said Hardy Durham, for himself, his heirs, executors and administrators, the said bargained premises unto the said Joel Lofton, his heirs and assigns,…
1Opinion of the Court
By the Court.
Lumpkin,
J. delivering the opinion.
On the 27th of August, 1833, Hardy Durham, by deed of indenture, conveyed in fee, to Joel Lofton, certain real estate therein described. The vendor covenanted, “for himself, his heirs, executors and administrators, the bargained premises unto the ven-dee, his heirs and assigns, to warrant, and forever defend, the right and title thereof, against himself and against the claim of all other persons whomsoever.” On the 16th day of April, 1836 Joel Lofton sold and conveyed, in fee, said land to Calvin Leary, the plaintiff in error, with similar…
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