Sayre v. Sheffield Land, Iron & Coal Co.
Supreme Court of Alabama
Appeal from the Circuit Court of C.olbert. Tried before the Hon. H. C. Speaice. This action was brought by the appellant, Herbert A. Sayre, against the appellee, the Sheffield Land, Iron & Coal Company, to recover damages for the alleged breach of covenants of warranty and seizin contained in a deed from the defendant conveying certain land to the plaintiff; and was instituted January 16th, 1894. Issue was joined on the 4th and 5th pleas of the defendant, which were as…
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Appeal from the Circuit Court of C.olbert. Tried before the Hon. H. C. Speaice. This action was brought by the appellant, Herbert A. Sayre, against the appellee, the Sheffield Land, Iron & Coal Company, to recover damages for the alleged breach of covenants of warranty and seizin contained in a deed from the defendant conveying certain land to the plaintiff; and was instituted January 16th, 1894. Issue was joined on the 4th and 5th pleas of the defendant, which were as follows : “Comes the defendant, by its attorneys, and for answer to the complaint in this case says : 4th. That it made a…
1Opinion of the CourtHaralson, J.
— In Copeland v. McAdory, 100 Ala. 553, which was an action for the breach of the covenants in a deed against incumbrances, that the grantors had a good right to convey, and the general covenant to warrant and defend, it was held that the covenant of good right to convey is the equivalent of seizin, and that the *445covenant of freedom from incumbrances, like the covenant of good and lawful right to convey, is a covenant in presentí, broken, if at all, as soon as made, if there is any outstanding older and better title, or an incumbrance diminishing the value or enjoyment of the land. It has also…
2Cases cited12 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Anderson v. KnoxSupreme Court of Alabama · 1852
- Stewart v. AndersonSupreme Court of Alabama · 1846
- Thomas v. St Paul's M. E. ChurchSupreme Court of Alabama · 1888
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Porter v. HendersonSupreme Court of Alabama · 1919
- Threefoot Bros. & Co. v. HillmanSupreme Court of Alabama · 1900
- Carr v. MooreSupreme Court of Alabama · 1919
- Cobbs v. Union Naval Stores Co.Supreme Court of Alabama · 1918
- Lost Creek Coal & Mineral Land Co. v. HendonSupreme Court of Alabama · 1926
8 more not listed; retrieve them via the Exa API.