Lawson v. Helms

In the case of Magee v. McMillan, 30 Ala. 420, it was said:

“We think the doctrine must be regarded as settled in this state, that, where a sale of land is made by deed, with covenants of warranty, and the vendee has gone into possession under the contract, and he and those claiming under him have not been evicted, no defense, either at law or in equity, which rests on a mere in-cumbrance upon the title, can be made, unless there was fraud in the sale, or the vendor is insolvent, or unable to make good the covenants in his deed.”

This principle has been repeatedly declared and applied by this…