White v. Glenn
Supreme Court of Alabama
Appeal from Circuit Court, Coffee County; A. B. Foster, Judge. Action by H. H. White against W. B. Glenn and others for breach of warranty in a deed as to title, possession, incumbrances, etc. Judgment for defendants, and plaintiff appeals.
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Appeal from Circuit Court, Coffee County; A. B. Foster, Judge. Action by H. H. White against W. B. Glenn and others for breach of warranty in a deed as to title, possession, incumbrances, etc. Judgment for defendants, and plaintiff appeals. The facts as found by the court are as follows: On November 19, 1917, the defendant conveyed, together with his wife, the property described in the complaint, to the plaintiff, by a deed which contained the general covenants of warranty; that on January 20, 1908, L. 1\1. Treadwell, and J. W. Harrison, being then in possession of the land, conveyed the same…
1Opinion of the CourtAnderson, C. J.
The trial court exonerated the appellant of fraud in fact, or fraud m'ala fide, and properly so, upon the evident idea that he was sincere in representing to the appellee Glenn the removal of the restrictive clause as to the use of the lot in the former deed by virtue of a release procured by him and bis lawyer from Treadwell and Mrs. Harrison, but found that he was guilty of fraud as matter of law in procuring from the defendants a warranty deed upon representing to them that the impediment to a good title, to wit, the restrictive clause in the old deed, had been legally and properly…
2Cases cited3 opinions
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Bethea-Starr Packing & Shipping Co. v. MaybenSupreme Court of Alabama · 1915
- Dean v. BrownSupreme Court of Alabama · 1918
3Cited by2 opinions
- Mazer v. Jackson Ins. AgencySupreme Court of Alabama · 1976
- Standard Oil Co. v. MyersSupreme Court of Alabama · 1936