Dillahunty v. Railway Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District. Fdgar F. Bryant, Judge. STATEMENT BY THE COURT. In this case the appellant, Fmily- Dillahunty, as- ' administratrix of the estate of Adolphus Dillahunty, deceased, brought suit against the Little Rock & Fort Smith Railway Co., appellee, to recover damages for breach of a covenant contained in a deed of conveyance executed by appellee to the said Adolphus Dillahunty.
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Appeal from Sebastian Circuit Court, Fort Smith District. Fdgar F. Bryant, Judge. STATEMENT BY THE COURT. In this case the appellant, Fmily- Dillahunty, as- ' administratrix of the estate of Adolphus Dillahunty, deceased, brought suit against the Little Rock & Fort Smith Railway Co., appellee, to recover damages for breach of a covenant contained in a deed of conveyance executed by appellee to the said Adolphus Dillahunty. The complaint alleges, in substance, that appellant, is the administratrix of the estate of Adolphus Dillahunty, deceased ; that, on the 1st day of December, 1886, the…
1Opinion of the Court
Riddick, J.,
1. As to constructive eviction..
(after stating the facts). The most serious question that confronts the court in this case is whether the complaint is sufficient to sustain the judgment. The deed set out in the complaint does not contain the statutory words, “grant, bargain and sell,” from the use of which certain covenants are implied by virtue of our statute, and, without going into a discussion of the question, we hold that it only contains a covenant of warranty. In order to recover for the breach of such a covenant, an eviction, either actual or constructive, must be alleged…
2Cases cited10 opinions
- Hurd v. HallWisconsin Supreme Court · 1860
- McGary v. HastingsCalifornia Supreme Court · 1870
- McClelland v. MooreTexas Supreme Court · 1877
- Collier v. CowgerSupreme Court of Arkansas · 1889
- Abbott v. RowanSupreme Court of Arkansas · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Seldon v. Dudley E. Jones Co.Supreme Court of Arkansas · 1905
- Cover v. . McAdenSupreme Court of North Carolina · 1922
- Smith v. Boynton Land & Lumber Co.Supreme Court of Arkansas · 1917
- Crawford County Bank v. BakerSupreme Court of Arkansas · 1910
- Scoggin v. HudginsSupreme Court of Arkansas · 1906
11 more not listed; retrieve them via the Exa API.