Butt v. Riffe
Court of Appeals of Kentucky
Case 70—PETITION EQUITY APPEAL FROM LINCOLN CIRCUIT COURT. 1. The recovery by Napier of a right of way over the land conveyed to-appellant is a breach of the warranty contained in the deed. (Butt v. Napier, MS. Opin., May, 1878; Williams on Real Property, 375; Wash, on Real Prop., vol. 3, 396; Rawle on Cov., 203; 4 Kent, 559;. Davis v. Logan, 5 B. Mon., 342; Bouv.
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Case 70—PETITION EQUITY APPEAL FROM LINCOLN CIRCUIT COURT. 1. The recovery by Napier of a right of way over the land conveyed to-appellant is a breach of the warranty contained in the deed. (Butt v. Napier, MS. Opin., May, 1878; Williams on Real Property, 375; Wash, on Real Prop., vol. 3, 396; Rawle on Cov., 203; 4 Kent, 559;. Davis v. Logan, 5 B. Mon., 342; Bouv. Law Die., 1st vol., Eviction;. I Story’s Eq., 187, 208; Wales v. Mattingly, 1 Bibh, 244; Plardwiclc v. Forbes, Ibid, 212; Ibid, 183; Bowman v. Bates, 2 Bibb, 52; 6-Mon., 149; 3 J. J. Mar., 708; Faris v. Lewis, 2 B. Mon., 376; 3 B.…
1Opinion of the CourtChief Justice Pryor
The appellant, P. C. Butt, on the nth of August, 1875, purchased of the appellee, George W. Riffe, two contiguous tracts of land, in the county of Lincoln, for which he paid in hand $4,000, and executed four notes for $2,119. each. A conveyance was made of the land, retaining a lien for the unpaid purchase money, and containing a covenant on the part of the appellee that he would give to the appellant “free and full possession of the land on the first of January, 1876, and warranting the title unto the said Butt, the appellant, against the claims of all persons whatsoever.”'
*353The appellant…
2Cited by21 opinions
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Foxwell v. JusticeCourt of Appeals of Kentucky · 1921
- Eli v. TrentCourt of Appeals of Kentucky · 1922
- Helton v. AsherCourt of Appeals of Kentucky · 1909
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