Gragg v. Richardson
Supreme Court of Georgia
Action of covenant for breach of warranty, from Twiggs. Tried before Judge Lamar, March Term, 1858. On the trial of this case, the plaintiff read in evidence an exemplification of the record of a suit between Jonathan P. Richardson vs Joseph Hill, for lot of land No. 146 in the 7th district of Monroe county, Georgia ; which showed a judgment of the Court in favor of the defendant against the plaintiff for cost.
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Action of covenant for breach of warranty, from Twiggs. Tried before Judge Lamar, March Term, 1858. On the trial of this case, the plaintiff read in evidence an exemplification of the record of a suit between Jonathan P. Richardson vs Joseph Hill, for lot of land No. 146 in the 7th district of Monroe county, Georgia ; which showed a judgment of the Court in favor of the defendant against the plaintiff for cost. The plaintiff also read in evidence^a warranty deed from Samuel P. Gragg to Amos Lasseter, consideration $500 for lot No. 146, 7th district of Monroe county, Georgia, bearing date 22d…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
In this case, Richardson, the purchaser holding Gragg’s warranty, Avas never in possession. He sued to get the possession but failed in his suit — judgment going for his adversary, one Hill. Of this suit, Gragg had notice; and he took a part in its prosecution.
Was the judgment in this suit evidence of a breach of Gragg’s warranty P
*570The ordinary case is this; the purchaser goes into possession, then, the person holding the paramount title, sues him for the possession, and he notifies his warrantor of the suit; judgment, nevertheless, goes against…
2Cited by9 opinions
- Clements v. CollinsSupreme Court of Georgia · 1877
- Ashburn v. WatsonCourt of Appeals of Georgia · 1911
- Taylor v. AllenSupreme Court of Georgia · 1908
- Haines v. FortSupreme Court of Georgia · 1893
- Leet v. GratzMissouri Court of Appeals · 1902
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