Commercial Building Co. v. Kelliher Et Vir.

This was a suit by a subsequent grantee against the defendants Euphemia L. Kelliher and Patrick P. Kelliher, her husband, to recover the amount paid to the Kellihers by L. Horn, G-. A. Petteway, D. C. McMullen and M. ~W. Ulmer, grantees in a warranty deed. The plaintiff was the grantee in a deed from the original grantees of the Kellihers, the suit being based upon the alleged breach of the covenant of warranty of .title contained in the Kelliher deed. First, we will observe that the Kelliher deed appears to have been made to convey the separate estate of Enphemia L. Kelliher, although the…