Legal Opinion

Diseker v. Eau Claire Land & Improvement Co.

Supreme Court of South Carolina

Decided July 13, 1910No. 7613PublishedCited by 3 opinions

Before Krugh, J., Richland, Summer term, 1909. Action by James H. Diseker, Jr., against Eau Claire Land and Improvement Company.

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Before Krugh, J., Richland, Summer term, 1909. Action by James H. Diseker, Jr., against Eau Claire Land and Improvement Company. From order of non-suit, plaintiff appeals. cite: What covenant of warranty embraces: 8 Ency., 100; 2 N. & M., 186, 189; 1 McC., 500; 12 S. C., 62. When covenant against encumbrances is, broken: 8 Ency., 117, 123; 27 S. C., 193; 3 McC., 449; 1 Ency., 117; 8 Ency., 1272. Dedication: 96 U. S., 743; 6 Pet, 431; 14 Cyc., 1183; 14 L. R. A., 303; 72 Cal., 170; 38 S. E., 491; 16 L. R. A., 145. cite: No such action can be now maintained: 27 S. C., 199; 81 S. C., 382. Notice…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an action for breach of the covenants of a warranty in two deeds, executed on the 5th of April, 1905, and the 9th of September, 1905, whereby the defendant conveyed to the plaintiff certain lots of land described in the complaint.

The plaintiff alleged that the defendant committed a breach of the covenants of warranty, by selling to him the said lands, after they had been dedicated by the former owners to the use of the citizens of the town of Eau Claire, for the purpose of establishing a park or public place, and that the lots,…

2Cases cited4 opinions

  1. AnomymousTennessee Supreme Court · 1851
  2. Marshall v. Columbia & Eau Claire Electric Street Ry. Co.Supreme Court of South Carolina · 1906
  3. Nathans v. SteinmeyerSupreme Court of South Carolina · 1900
  4. Brown v. ThompsonSupreme Court of South Carolina · 1908

3Cited by3 opinions

  1. Cason v. GIBSONSupreme Court of South Carolina · 1950
  2. Godfrey v. E. P. Burton Lumber Co.Supreme Court of South Carolina · 1911
  3. Moore v. BeardSupreme Court of South Carolina · 1912

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