West v. . West
Supreme Court of North Carolina
Damages— Warranty. Civil AoxioN, for damages tried at Fall Term, 1876, of Rowak Superior Court, before Cloud, J. The plaintiff alleged that in October, 1870, she purchased a. house and lot in Salisbury of the defendant and took from him a deed with full covenants of warranty; that afterwards one Delane, claiming title thereto, brought an acción and evicted her by title paramount; that by reason thereof she was damaged to the amount of $700. The defendant denied that Delane…
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Damages— Warranty. Civil AoxioN, for damages tried at Fall Term, 1876, of Rowak Superior Court, before Cloud, J. The plaintiff alleged that in October, 1870, she purchased a. house and lot in Salisbury of the defendant and took from him a deed with full covenants of warranty; that afterwards one Delane, claiming title thereto, brought an acción and evicted her by title paramount; that by reason thereof she was damaged to the amount of $700. The defendant denied that Delane had any title to the premises before or since the execution of his deed to plaintiff ; and the evidence tended to show…
1Opinion of the CourtPeabsoN, C. J.
Let it be granted that the plaintiff was evicted by title paramount, still she w7as not entitled to recover upon the warranty, or at most she was only entitled to nominal damages. Her remedy as assignee of the estate was against Cox, to whom she paid the money.
The evidence tended to show this state of facts: plaintiff bought the house and lot from Cox and paid him the price $700.- To'make up this amount she borrowed of the defendant $2-00. Cox thereupon makes the deed to the defendant with general warranty, who held the title in trust to secure the payment-of the $200 and was then to convey…
2Cases cited1 opinion
- Faircloth v. . IslerSupreme Court of North Carolina · 1876
3Cited by2 opinions
- Barnes v. . McCullersSupreme Court of North Carolina · 1891
- Barnes v. McCullersSupreme Court of North Carolina · 1891