Turner v. Tidwell
Supreme Court of Georgia
Action for breach, of warranty. Before Judge Edwards. Paulding superior court. August 6, 1912. J. S. Tidwell brought suit against Mrs. M. E. Turner and N. C. Turner, alleging, in substance, that the defendants conveyed to him the lot of land in controversy, and that when he sought to enter and take possession he found B. E. and Bosa Turner in possession.
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Action for breach, of warranty. Before Judge Edwards. Paulding superior court. August 6, 1912. J. S. Tidwell brought suit against Mrs. M. E. Turner and N. C. Turner, alleging, in substance, that the defendants conveyed to him the lot of land in controversy, and that when he sought to enter and take possession he found B. E. and Bosa Turner in possession. At the time of the making, of the deed by M. E. and N. C. Turner to the plaintiff, B. E. and Rosa Turner had the lawful right to the possession of the premises by “an older and better [paramount] title,” and held the premises adversely to the…
1Opinion of the Court
TTtt.t. J.
1. In an action for a breach of ta covenant of warranty of title to land, the burden is upon the plaintiff to show eviction by reason of a paramount outstanding title. McMullen, v. Butler, 117 Ga. 846 (45 S. E. 258); Civil Code, § 4197.
2. Accordingly, where suit was brought by the covenantee against the covenantors to recover damages for the alleged breach of a covenant of warranty of title to a tract of land purchased from the covenantors, *124and on the trial of the ease the covenantee offered in evidence a judgment of nonsuit in a former suit brought by the covenantee against third…
2Cases cited4 opinions
- Morgan v. HaleySupreme Court of Virginia · 1907
- McMullen v. Butler & Co.Supreme Court of Georgia · 1903
- Haines v. FortSupreme Court of Georgia · 1893
- Burns v. VereenSupreme Court of Georgia · 1909
3Cited by5 opinions
- Hitchcock v. TollisonCourt of Appeals of Georgia · 1994
- Cook v. PollardCourt of Appeals of Georgia · 1935
- Roberts v. HillCourt of Appeals of Georgia · 1948
- Louisville & Nashville Railroad v. StallingsCourt of Appeals of Georgia · 1926
- Hitchcock v. TollisonCourt of Appeals of Georgia · 1994