Powell v. Lyles.
Supreme Court of North Carolina
"I >• From Wake. J This was an action of covenant brought on the following deed, to wit: “ This Indenture, made this twenty-first day of January, eighteen hundred and seven, between Samuel Lyles, of the County of Wake, and State of North-Carolina, of the one part, and Caswell Powell, of the County and State aforesaid, of the other part, witnesseth, that the said Samuel Lyles, for and in consideration of the sum of five hundred pounds, lawful money, to him in hand paid by the…
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"I >• From Wake. J This was an action of covenant brought on the following deed, to wit: “ This Indenture, made this twenty-first day of January, eighteen hundred and seven, between Samuel Lyles, of the County of Wake, and State of North-Carolina, of the one part, and Caswell Powell, of the County and State aforesaid, of the other part, witnesseth, that the said Samuel Lyles, for and in consideration of the sum of five hundred pounds, lawful money, to him in hand paid by the said Caswell Powell, the receipt whereof he the said Samuel Lyles doth hereby acknowledge, and himself fully paid, hath…
1Opinion of the CourtTaylor, Judge
This case does not essentially differ from that of Rickets v. Dickens & Wait, decided at this term : in both cases the actions are brought upon deeds of bargain and-sale. The one now declared on contains no covenant of warranty, and thus far corresponds with the deed set forth in the first count of the declaration in the other case : but the word “give” is contained in the deed in the present case, which, according to the principles stated in the case of Rickets v. Dickens & Wait, would imply a warranty, if inserted in a deed of feoffment, &c.: but ia other forms of alienation gradually…
2Cited by2 opinions
- Williams v. . LaneSupreme Court of North Carolina · 1815
- Williams v. . LaneSupreme Court of North Carolina · 1815