Abernathy v. Boazman
Supreme Court of Alabama
. ERROR to the Circuit Couit of Lawrence. Tried before the Hon. John E. Moore. This was an action of covenant by Hugh D. Boazman against John T. Abernathy, for breach of warranty of title to a certain tract of land, which Abernathy had conveyed to Boazman by deed dated June 8, 1843. On the trial, the plaintiff read in evidence his deed from Abernathy, containing the usual warranty of title ; and then offered the record and proceedings had in a certain suit between himself…
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. ERROR to the Circuit Couit of Lawrence. Tried before the Hon. John E. Moore. This was an action of covenant by Hugh D. Boazman against John T. Abernathy, for breach of warranty of title to a certain tract of land, which Abernathy had conveyed to Boazman by deed dated June 8, 1843. On the trial, the plaintiff read in evidence his deed from Abernathy, containing the usual warranty of title ; and then offered the record and proceedings had in a certain suit between himself and one William Kyle, showing that Kyle had sued him for this land, and had recovered a judgment against him, on which a…
1Opinion of the CourtChilton, C. J.
The px-incipalquestion in this case for our decision is, whether the deed from Abernathy to Boazman, executed while Kyle, a third party, was in the adverse possession of the land, is void as between the parties to it.
That it is void as to third persons, is too well settled to be *193controverted ; but the counsel for the plaintiff in error insists, that it is void as between the parties, and that, if such was not the general rule, it would be void in this particular case, inasmuch as Boazman, the vendee, was the party in possession, as the tenant of Kyle, at the time the deed was made.
We have…
2Cases cited1 opinion
- Abercrombie v. BaldwinSupreme Court of Alabama · 1849
3Cited by10 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Yarborough's Adm'r v. AvantSupreme Court of Alabama · 1880
- Mackintosh. v. StewartSupreme Court of Alabama · 1913
- Pearson v. KingSupreme Court of Alabama · 1891
- Thompson v. MarshallSupreme Court of Alabama · 1860
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