Lantz v. . Howell
Supreme Court of North Carolina
Appeal by plaintiff from McElroy, J., at February Term, 1921, of BüNCOMBE. Tbis is an action to recover damages for an alleged breach of covenant of seizin for defect of title as to 98.6 acres in a tract of land. The defendants executed to the. plaintiff a conveyance for several tracts of land, and the plaintiff alleges that as to a portion of tbe first tract of land therein recited there is a defect of title as to 98.6 acres.
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Appeal by plaintiff from McElroy, J., at February Term, 1921, of BüNCOMBE. Tbis is an action to recover damages for an alleged breach of covenant of seizin for defect of title as to 98.6 acres in a tract of land. The defendants executed to the. plaintiff a conveyance for several tracts of land, and the plaintiff alleges that as to a portion of tbe first tract of land therein recited there is a defect of title as to 98.6 acres. Upon the agreed statement of facts the court rendered judgment against the plaintiff, and he appealed.
1Opinion of the Court
Clark, O. J.
This is not an action for a shortage in the acreage as to which the plaintiff could not recover, (in the absence of fraud), unless he had taken a warranty as to the acreage; Galloway v. Goolsby, 176 N. C., 638, citing Smathers v. Gilmer, 126 N. C., 757; Stern v. Benbow, 151 N. C., 462, and other eases; nor is it á purchase by the acre as to which the plaintiff could recover for overpayment by mistake. Henofer v. Realty Co., 178 N. C., 584, and cases there cited. But the plaintiff here contends that there is a defect of title as to 98.6 acres in one of the tracts herein contained,…
2Cases cited7 opinions
- Collins v. Asheville Land Co.Supreme Court of North Carolina · 1901
- Galloway v. . GoolsbySupreme Court of North Carolina · 1918
- Stern v. BenbowSupreme Court of North Carolina · 1909
- Smathers v. . GilmerSupreme Court of North Carolina · 1900
- Lance v. . RumboughSupreme Court of North Carolina · 1908
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- Kaperonis v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1963
- Buckman v. . BragawSupreme Court of North Carolina · 1926
- McIntyre v. CameronSupreme Court of South Carolina · 1923