Carpenter v. Carpenter
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Lake City District; Frank Smith, Judge; 1. Neither knowledge of pendency of the action against the covenantee, nor even the fact that the warrantor is called to testify as a witness in the case, is such notice to the warrantor as is contemplated by law; but, on the contrary, he must have notice from the covenantee requiring him to defend in the action, and this notice must be distinct and unequivocal, preferably in writing, although some…
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Appeal from Craighead Circuit Court, Lake City District; Frank Smith, Judge; 1. Neither knowledge of pendency of the action against the covenantee, nor even the fact that the warrantor is called to testify as a witness in the case, is such notice to the warrantor as is contemplated by law; but, on the contrary, he must have notice from the covenantee requiring him to defend in the action, and this notice must be distinct and unequivocal, preferably in writing, although some courts have held verbal notice to be sufficient. 2 Black on Judg. § 569; 8 Am. Eng. Enc. of L- 2d Ed., 205; 1 Jones on…
1Opinion of the CourtHart, J.
This is a suit brought by W. A. Carpenter against J. T. Carpenter in the Craighead Circuit Court for breach of warranty of title to certain lands in said county.
The complaint alleges that on November 1, 1901, appellant conveyed to appellee the lands in controversy, and in his deed warranted and covenanted that 'he was the owner in fee simple of said land, and had full and lawful right to convey the same. That appellant was not the owner of said land, and had no right, title or claim thereto, but that Clove Carpenter was the rightful owner. That at the November term, 1905, of the Craighead…
2Cases cited2 opinions
- Boyd Ex. v. WhitfieldSupreme Court of Arkansas · 1858
- Collier v. CowgerSupreme Court of Arkansas · 1889
3Cited by6 opinions
- Van Bibber v. HardySupreme Court of Arkansas · 1949
- Bosnick v. HillSupreme Court of Arkansas · 1987
- Elliott v. ThompsonIdaho Supreme Court · 1941
- Stonebraker v. AultSupreme Court of Oklahoma · 1916
- Lasswell v. Prairie Oil & Gas Co.Supreme Court of Oklahoma · 1935
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