Barnett v. Hughey
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court. John A. Williams, Judge. Dr. J. R. Barnett brought suit against W. L. Strickland and W. W. Hughey, to recover damages for a breach of a ■covenant of warranty in a deed of land. Judgment was rendered for defendants, and plaintiff appealed. The facts are stated in the opinion. This case grew out of the decision in Hughey v. Bratton, 48 Ark., 167. The measure of recovery is the purchase money, or consideration of the deed and interest.
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APPEAL from Jefferson Circuit Court. John A. Williams, Judge. Dr. J. R. Barnett brought suit against W. L. Strickland and W. W. Hughey, to recover damages for a breach of a ■covenant of warranty in a deed of land. Judgment was rendered for defendants, and plaintiff appealed. The facts are stated in the opinion. This case grew out of the decision in Hughey v. Bratton, 48 Ark., 167. The measure of recovery is the purchase money, or consideration of the deed and interest. The true consideration maybe shown by parol evidence. Rawle, Cov. for Title, 5th ed., sec. 175; 5 Gray, Mass., 518. The true…
1Opinion of the CourtBattle, J.
1. Damages for breach of warranty in In an action by a grantee against his grantor, on a covenant of warranty contained in a deed to land executed by the latter to the former, the amount recoverable on account of the breach of the covenant is limited by the consideration of the deed and interest. Logan v. Moulder, 1 Ark., 313; Rawle on Covenants for Title (5th ed.), secs. 157-164.
2. Parol proof of considera In such actions, parol evidence is admissible, on the part of the plaintiff, to show that the actual consideration was greater than that expressed in the deed, for the purpose of…
2Cases cited4 opinions
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Crisfield v. StorrCourt of Appeals of Maryland · 1872
- Broom v. WolfeSupreme Court of Iowa · 1878
- Hodges v. ThayerMassachusetts Supreme Judicial Court · 1872
3Cited by19 opinions
- Davis v. JerniganSupreme Court of Arkansas · 1903
- St. Louis & North Arkansas Railroad v. CrandellSupreme Court of Arkansas · 1905
- Hardage v. DurrettSupreme Court of Arkansas · 1913
- Riddle v. HudsonSupreme Court of Oklahoma · 1917
- Shelton v. RatterreeSupreme Court of Arkansas · 1915
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