Reynolds v. Shaver
Supreme Court of Arkansas
Appeal from Randolph Circuit Court in Chancery. John B. McCaleb, Judge. STATEMENT BY THE COURT. The appellant sued the appellees in equity to recover damages of. them for breach of covenant in the deed of appellees’ ancestor to appellant for lands described in the complaint.
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Appeal from Randolph Circuit Court in Chancery. John B. McCaleb, Judge. STATEMENT BY THE COURT. The appellant sued the appellees in equity to recover damages of. them for breach of covenant in the deed of appellees’ ancestor to appellant for lands described in the complaint. The deed is as follows: “James M. Shaver to Dennis Reynolds : Know all men by these presents, that we, James M. Shaver and Caroline Shaver, wife of the said James M. Shaver, for and in consideration of the sum of one thousand dollars to us in hand paid by Dennis W. Reynolds, the receipt of which is hereby acknowledged,…
1Opinion of the CourtHughes, J.
(after stating the facts.) The contention of the appellant is that the covenants, in the deed of Shaver and wife, Caroline, to him apply to the land described in the deed, and not to whatever “right, title, claim and interest” the appellees’ ancestor may have had at the time of the execution of the deed, which was all that the deed, in terms of the granting clause, purports to convey. The warranty is: “And we, the said James Shaver and Caroline Shaver, do, for ourselves and our heirs and assigns, warrant and defend the same unto the said Dennis W. Reynolds.” It appears, from the language in…
2Cases cited1 opinion
- Patton v. TaylorSupreme Court of the United States · 1849
3Cited by16 opinions
- Cook v. FarleyMississippi Supreme Court · 1943
- California Land Security Co. v. RitchieCalifornia Court of Appeal · 1919
- Henderson v. BeattySupreme Court of Iowa · 1904
- Spencer v. HalpernSupreme Court of Arkansas · 1896
- Adams v. PollakSupreme Court of Alabama · 1928
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