Hood v. Clark
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Heard before the Hon. A. A. Coleman. This is an action brought by the appellants against the appellee to recover damages for the alleged breach of covenant against incumbrances, averred to have been contained in a deed or deeds made by appellee to appellants.
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Appeal from the Circuit Court of Jefferson. Heard before the Hon. A. A. Coleman. This is an action brought by the appellants against the appellee to recover damages for the alleged breach of covenant against incumbrances, averred to have been contained in a deed or deeds made by appellee to appellants. The complaint contained the common counts “for money paid by the1 plaintiffs for defendant at his request,” and “account stated,” and “for money received by the defendant to the use of the plaintiffs.” Complaint contained, also, two special counts, alleging breach of covenant, in that defendant…
1Opinion of the CourtSharpe, J.
The only warranty contained in the deed made by defendant to plaintiffs pursuant to the foreclosure -sale i.s that which the statute (Code) attaches to the words “grants, bargains and sells” appearing in the deed. Under the uniform construction given (.hat statute' those words import a covenant only against incumbrances done or suffered by the grantor and not against incumbrances generally. — Heflin v. Phillips, 96 Ala. 561; Parker v. Parker, 93 Ala. 80; Roebuck v. Duprey, 2 Ala. 535; Griffin v. Reynolds, 17 Ala. 198.
A mortgagee is not by reason of his mere relation to or interest in the…
2Cases cited4 opinions
- Roebuck v. DupreySupreme Court of Alabama · 1841
- Parker v. ParkerSupreme Court of Alabama · 1890
- Griffin v. ReynoldsSupreme Court of Alabama · 1850
- Heflin v. PhillipsSupreme Court of Alabama · 1893
3Cited by10 opinions
- Sims v. RigginsSupreme Court of Alabama · 1917
- Fisher v. VillamilSupreme Court of Florida · 1911
- Stuart v. StricklandSupreme Court of Alabama · 1919
- Dothan Nat. Bank v. HollisSupreme Court of Alabama · 1925
- Pieme v. ArataSupreme Court of Alabama · 1919
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