Lewis v. Harris
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. ¥m. S. Mudd. This action was brought by Benjamin Harris, against John IT. Lewis, to recover damages for the breach of covenants contained in a conveyance from said Lewis and wife to Harris, for a tract of land in Franklin county, known as the “Bussell’s Valley iron-works tract.”
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Appeal from the Circuit Court of Madison. Tried before the Hon. ¥m. S. Mudd. This action was brought by Benjamin Harris, against John IT. Lewis, to recover damages for the breach of covenants contained in a conveyance from said Lewis and wife to Harris, for a tract of land in Franklin county, known as the “Bussell’s Valley iron-works tract.” The conveyance was executed on the 26th August, 1851, and contained the following covenant: “The said Lewis and wife, for themselves, their heirs, executors and administrators, do hereby, and in consideration of the premises, warrant, and will forever…
1Opinion of the CourtWalker, J.
— The charge of the court below authorized a recovery, in an action for a breach of warranty, of damages for money paid to remove a paramount equitable title existing at the time of the conveyance. The appellant contends, that a vendor, who has the legal title, cannot be made liable at law for a breach of warranty, growing out of the necessary purchase by the vendee of. an outstanding adverse equitable title. That the existence of such an equitable title, and the compulsory purchase of it, amount to a breach of covenant of quiet enjoyment, is not denied; but the point made is, that a court of…
2Cases cited5 opinions
- Andrews v. McCoySupreme Court of Alabama · 1846
- Anderson v. KnoxSupreme Court of Alabama · 1852
- Dupuy v. RoebuckSupreme Court of Alabama · 1845
- Gillespie v. BattleSupreme Court of Alabama · 1849
- Whitbeck v. WhitbeckNew York Supreme Court · 1828
3Cited by6 opinions
- Strickland v. DavisSupreme Court of Alabama · 1930
- Milton v. HadenSupreme Court of Alabama · 1858
- Walker v. AllenSupreme Court of Alabama · 1882
- State ex rel. Schumacher v. GramelspacherIndiana Supreme Court · 1891
- Allred v. KennedySupreme Court of Alabama · 1883
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