Tuskegee Land & Security Co. v. Birmingham Realty Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by the Tuskegee Land & Security Company against the Birmingham Realty Company. From a judgment for defendant, plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by the Tuskegee Land & Security Company against the Birmingham Realty Company. From a judgment for defendant, plaintiff appeals. The complainant, as amended, is as follows; Count 1; “The plaintiff, a corporation, claims of defendant, a corporation, $3,000 damages for the breach of the covenant in the agreed conveyance executed by defendant to plaintiff on the 1st day of December, 1903, by which deed, which is duly recorded, defendant for a valuable consideration conveyed to plaintiff certain real estate in the city of…
1Opinion of the CourtMayfield, J.
The appellee, on the 1st day of December, 1903, sold and conveyed to appellant three certain lots in the city of Birmingham, Ala. The deed contains covenants as to seisin, good right to convey, and against incumbrances, except a certain mortgage deed named, and contains a warrant of title against the claims of all persons, etc. The three lots were described as a whole, and not separately, and as described formed a parallelogram, the corresponding sides of which were, respectively, 100 feet and 140 feet. The northern boundary of the lots was described as the southern boundary of Avenue A, the…
2Cases cited8 opinions
- Forster v. . ScottNew York Court of Appeals · 1893
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- Demars v. KoehlerSupreme Court of New Jersey · 1898
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