Quinn v. Lee Wilson & Co.
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola District; W. J. Driver, Judge; 1. The action is barred by limitation. There was a breach of warranty at the instant the deed of Quinn and others was executed and delivered and the statute began to run. The title was in the U. S., 32 Ark. 714, and cases cited; 33 Id. 593, 598; 59 Id. 634; 74 Id. 351; 17 L. R. A. (N. S.) 1183-4 and note. 2. The contract of January, 1911, did not take the case out of the statute.
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Appeal from Mississippi Circuit Court, Osceola District; W. J. Driver, Judge; 1. The action is barred by limitation. There was a breach of warranty at the instant the deed of Quinn and others was executed and delivered and the statute began to run. The title was in the U. S., 32 Ark. 714, and cases cited; 33 Id. 593, 598; 59 Id. 634; 74 Id. 351; 17 L. R. A. (N. S.) 1183-4 and note. 2. The contract of January, 1911, did not take the case out of the statute. It was void for want of consideration and because the covenant of seizin was broken as soon as the deed was made. The covenant was…
1Opinion of the CourtMcCULLOCH, C. J.
This is an action to recover damages for breach of a covenant of warranty of title to lands conveyed in a deed executed by appellants to the grantors of appellee.
The facts of the case are undisputed. On November 24, 1900, appellants, by deed containing full covenants of warranty of title, conveyed 835.81 acres of land in Mississippi County, Arkansas, to E. E. L. Wilson and S. A. Beall. The lands so conveyed were within the meandered boundary lines of Moon Lake, a small non-navigable lake, and were then what is known as unsurveyed lands --that is to say, they were not shown on the plats of the…
2Cases cited6 opinions
- Little v. WilliamsSupreme Court of Arkansas · 1908
- Seldon v. Dudley E. Jones Co.Supreme Court of Arkansas · 1905
- Dillahunty v. Railway Co.Supreme Court of Arkansas · 1894
- Abbott v. RowanSupreme Court of Arkansas · 1878
- Crawford County Bank v. BakerSupreme Court of Arkansas · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Smiley v. ThomasSupreme Court of Arkansas · 1952
- Belleville Land & Lumber Co. v. GriffithSupreme Court of Arkansas · 1928
- Van Bibber v. HardySupreme Court of Arkansas · 1949
- East Canyon Land & Stock Co. v. Davis & Weber Counties Canal Co.Utah Supreme Court · 1925
- Wood v. HaasSupreme Court of Arkansas · 1959
1 more not listed; retrieve them via the Exa API.