Brown v. Hearon
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. Bichard Maltbie. This was a suit by appellee to recover damages of appellant for breach of a general warranty of title to land.
Read the full summary
Appeal from Grayson. Tried below before the Hon. Bichard Maltbie. This was a suit by appellee to recover damages of appellant for breach of a general warranty of title to land. The petition alleged that on August 1, 1874. C. W. Brown sold to Uriah Hearon six hundred and forty acres of land, delivering to him a deed which contained a clause of general warranty of title; that, when sold, the land belonged to A. F. Ammerman, who, on May 11, 1880, brought suit against plaintiff to recover the land; that plaintiff compromised with Ammerman by having a judgment rendered giving to Ammerman four…
1Opinion of the Court
Stayton, Associate Justice.
When suit was brought against Hearon by Ammerman, in May, 1880, the appellant was made a party to that action by Hearon, to whom he had conveyed the land with general warranty. It was his duty, after being made a party, to defend the title which he had warranted. And we see no reason to doubt that the judgment rendered in that case, though rendered by agreement between Ammerman and Hearon, to which he was not a party, is conclusive evidence, in this, of the breach of warranty contained in his deed. If Hearon’s title was good by limitation, or by reason of the…
2Cases cited4 opinions
- Bennet v. JenkinsNew York Supreme Court · 1816
- Cannon v. BoutwellTexas Supreme Court · 1880
- Wead v. LarkinIllinois Supreme Court · 1868
- King v. BarkerSupreme Court of Georgia · 1859
3Cited by27 opinions
- Culbertson v. BlanchardTexas Supreme Court · 1891
- Kirby v. EstillCourt of Appeals of Texas · 1889
- Southern Pine Lumber Co. v. ArnoldCourt of Appeals of Texas · 1911
- Forrest v. HansonTexas Supreme Court · 1968
- Kempner v. Beaumont Lumber Co.Court of Appeals of Texas · 1899
22 more not listed; retrieve them via the Exa API.