McMullen v. Butler & Co.
Supreme Court of Georgia
Action for breach of warranty. Before Judge Covington. City court of Moultrie. January 3, 1903.
1Opinion of the CourtCobb, J.
J. L. Butler & Company brought au action for breach of warranty of title to 400 “acres of sawmill timber,” against John and William McMullen. The court granted a nonsuit as to William McMullen, and directed a verdict against John McMullen. The latter filed a motion for a new trial, which was overruled, and he excepted. The plaintiffs, in a bill of exceptions denominated by them a cross-bill, complain of the granting of the nonsuit in favor of the defendant William McMullen.
1, 2. In an action for the breach of a covenant of warranty of title the burden is upon the plaintiff to show eviction…
2Cases cited6 opinions
- Ellis v. AlmandSupreme Court of Georgia · 1902
- Osburn v. PritchardSupreme Court of Georgia · 1898
- Lowery v. YawnSupreme Court of Georgia · 1900
- Turnbull v. FosterSupreme Court of Georgia · 1902
- Leary v. DurhamSupreme Court of Georgia · 1848
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3Cited by20 opinions
- Robinson v. Georgia Savings Bank & Trust Co.Supreme Court of Georgia · 1938
- White & Corbitt v. Stewart & Co.Supreme Court of Georgia · 1908
- Atlanta Suburban Land Corp. v. AustinSupreme Court of Georgia · 1905
- Hammond v. ConyersSupreme Court of Georgia · 1903
- Palmetto Golf Club v. Robinson, SheriffSupreme Court of South Carolina · 1928
15 more not listed; retrieve them via the Exa API.