Lunsford v. Colwell

Opinion op the Court by

Judge Clay

Reversing.

On September 1,1919, Walker Lunsford executed and delivered to J. D. Colwell an instrument of writing by which he, as party of the first part, sold and conveyed to Colwell, as party of the second part, three lots in the town of Hazard. The instrument contains the following provision:

“To have' and to hold unto the party of the second part, his heirs and assigns, together with all the appurtenances thereunto belonging, forever, with covenants of general warranty: Provided, however, that second party binds himself to first party that if first party,…