Brewster v. Hines

Calhoun, Judge:

This case is before this Court upon an appeal from a summary judgment rendered in favor of the defendant by the Circuit Court of Webster County in a civil action instituted by James H. Brewster, Jr., as plaintiff, the appellant herein, against Taylor E. Hines, as defendant, the appellee herein, to recover damages for breach of a covenant of general warranty of title contained in a deed of conveyance of real estate.

The principal question presented for decision on this appeal is whether James H. Brewster, Jr., under the circumstances of this case, had been constructively evicted…