Dyer v. Britton
Mississippi Supreme Court
Error, to the Circuit Court of Panola County. lion. E. S. Fisher, Judge. argued the case orally, and filed a brief, insisting that a covenant of general warranty does not include within its scope a covenant against incumbrances or any of the special covenants. Blydenbury v. Gotheal, 1 Duer (N. Y.), 195 ; Griffin v. Fairbrother, 1 Fairf. (Me.) 95 ; Patton v. McFarlane, 3 Penn. 422 ; Soys. Taliaferro, 8 S. & M, 738; Duncan s.
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Error, to the Circuit Court of Panola County. lion. E. S. Fisher, Judge. argued the case orally, and filed a brief, insisting that a covenant of general warranty does not include within its scope a covenant against incumbrances or any of the special covenants. Blydenbury v. Gotheal, 1 Duer (N. Y.), 195 ; Griffin v. Fairbrother, 1 Fairf. (Me.) 95 ; Patton v. McFarlane, 3 Penn. 422 ; Soys. Taliaferro, 8 S. & M, 738; Duncan s. Lane, 8 S. & M. 752. Even, however, if it did contain such a covenant, the assignee could not maintain an action (as in this case), covenants against incumbrances being…
1Opinion of the CourtSimrall, C. J.
James Britton brought an action of covenant against G. W. Dyer, administrator of the estate of John H. Keith, deceased. The suit is founded on the covenant of Keith, the intestate, in a deed of bargain and sale to Edward G. Baber, to this effect, that “he (Keith) would warrant and forever defend the title in fee-simple against all lawful claims whatever.” Afterwards Baker and wife sold and conveyed the same land to Britton with like covenant.
Keith, before his conveyance to Baker, mortgaged the land to Goff, county treasurer of Panola County, to secure a note of-|2,280, payable to him as ex…
2Cases cited3 opinions
- Kirkpatrick v. MillerMississippi Supreme Court · 1874
- Burrus v. WilkinsonMississippi Supreme Court · 1856
- Hill v. SamuelMississippi Supreme Court · 1856
3Cited by9 opinions
- Bush v. AdamsSupreme Court of Florida · 1886
- Oliver v. LoyeMississippi Supreme Court · 1881
- Peterson v. HowellSupreme Court of Florida · 1930
- Allen v. MillerMississippi Supreme Court · 1910
- Middleton v. HowellMississippi Supreme Court · 1921
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