Mixon v. Burleson
Supreme Court of Alabama
Appeal from Circuit Court, Marion County; C. P. Almon, Judge. Action by James H. Mixon against W. T. Burleson for breach of covenant. Judgment for defendant, and plaintiff appeals. The grantor covenanted that be was lawfully seized in fee simple of the premises ' conveyed, that they were free from incum-.' brance, and that be bad a good right to sell same to plaintiff tbe grantee. Tbe cause was tried by tbe court without a jury on tbe complaint and a general traverse.
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Appeal from Circuit Court, Marion County; C. P. Almon, Judge. Action by James H. Mixon against W. T. Burleson for breach of covenant. Judgment for defendant, and plaintiff appeals. The grantor covenanted that be was lawfully seized in fee simple of the premises ' conveyed, that they were free from incum-.' brance, and that be bad a good right to sell same to plaintiff tbe grantee. Tbe cause was tried by tbe court without a jury on tbe complaint and a general traverse. Tbe land in question formerly belonged to one E. A. Williams in fee simple. On April 12, 1907, said Williams mortgaged the…
1Opinion of the CourtSomerville, J.
[1, 2] If there was an' outstanding estate in remainder in H. L. Cooper when defendant executed his deed to plaintiff, on March 31, 1914, then the covenants sued on were forthwith broken, and plaintiff was entitled to recover of defendant the difference between the value of an estate in the land during the life of A. P. Cooper and an estate therein in fee simple, not, however, exceeding the amount of the purchase money paid for the land. Copeland v. McAdory, 100 Ala. 553, 13 South. 545; Clark v. Zeigler, 79 Ala. 346, 350; 15 C. J. 1323.
The facts being undisputed, the issue here presented is…
2Cases cited4 opinions
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Cowley v. ShieldsSupreme Court of Alabama · 1912
- Clark v. ZeiglerSupreme Court of Alabama · 1885
- Bethea v. BetheaSupreme Court of Alabama · 1896
3Cited by4 opinions
- Baer v. Alco Land and Timber Company, Inc.Supreme Court of Alabama · 1973
- Hyatt v. OgletreeAlabama Court of Appeals · 1942
- Stringer v. KellySupreme Court of Alabama · 1925
- Crickenberger v. ClaySupreme Court of Alabama · 1926