Garner v. Morris
Supreme Court of Alabama
Appeal from Dale Circuit Court. Heard before Hon. J. E. Acker, Special Judge. Action by W. H. Morris against William Garner for a breach of covenant of seisin, revived against the executors of Gardner. Judgment for plaintiffs and defendant appeals.
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Appeal from Dale Circuit Court. Heard before Hon. J. E. Acker, Special Judge. Action by W. H. Morris against William Garner for a breach of covenant of seisin, revived against the executors of Gardner. Judgment for plaintiffs and defendant appeals. The following is the complaint: Count 1. Plaintiff, W. H. Morris, claims of defendant William Garner the sum of $2,000 as damages for and on account of the breach by defendant of a certain covenant of warranty contained and embraced in a-deed executed by defendant to plaintiff on October 4, 1907, and conveying to plaintiff the following described…
1Opinion of the Court
ANDERSON, O. J.
Counts 1 and 2 of the complaint are for a breach of covenant of seisin as distinguished from covenants for quiet enjoyment and of warranty of title.
“In declaring a breach on a covenant of seisin, or of good right to convey, all that is necessary is to negative the words of the covenant generally; but, as we have seen, this is not sufficient in declaring on the covenants for quiet enjoyment and of warranty of title.”:—Prestwood v. McGowin, 128 Ala. 267, 29 South. 386, 86 Am. St. Rep. 136; Copeland v. McAdory, 100 Ala. 559, 13 South. 545.
“Assignment of breach of covenant of…
2Cases cited4 opinions
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Guilmartin v. WoodSupreme Court of Alabama · 1884
- Chestnut v. TysonSupreme Court of Alabama · 1894
- Prestwood v. McGowinSupreme Court of Alabama · 1900
3Cited by11 opinions
- Spires v. NixSupreme Court of Alabama · 1952
- Pettit v. GibsonSupreme Court of Alabama · 1917
- M. C. Dixon Lumber Co. v. MathisonSupreme Court of Alabama · 1972
- Huntsville Knitting Mills v. ButnerSupreme Court of Alabama · 1917
- Boise Cascade Corporation v. LeeSupreme Court of Alabama · 1973
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