Huntley v. . Waddell
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Anson County, at the Fall Term, 1S50, his Honor Judge Battle presiding. This was an acliou of covenant for the breach of a warranty, alleged to be contained in a deed for land, in which the defendant, after conveying by metes and bounds, cov-. enanted as follows : “ To have and to hold to him the said Robert Huntley, his heirs and assigns, the right and title of the same, I warrant and will ever defend the,same.”
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Appeal from the Superior Court of Law of Anson County, at the Fall Term, 1S50, his Honor Judge Battle presiding. This was an acliou of covenant for the breach of a warranty, alleged to be contained in a deed for land, in which the defendant, after conveying by metes and bounds, cov-. enanted as follows : “ To have and to hold to him the said Robert Huntley, his heirs and assigns, the right and title of the same, I warrant and will ever defend the,same.” Upon a survey of the land contained in the metes and bounds, set forth- in the deed, it appeared that there were only one hundred and…
1Opinion of the CourtNash, J.
As early as 1810, the Supreme Court decided that in a deed of bargain and sale, the words “ containing so many acres,” do not import a covenant of quantity. In the case of Ricketts v Dickins, 1 Mur. 243, this principle was affirmed, and reiterated in the subsequent one of Lyles v Powell, anci recognized as sound law, in that of Williams v Lowe, 2 Car. L. Repos. 267. In the first, the words of the deed are, “ containing two hundred'and fifty acres, &c., to have and to hold the said land and premises, and every part thereof, &c.” The operative words in the case of Powell are the same. Yet in…
2Cited by3 opinions
- Queen v. SiskSupreme Court of North Carolina · 1953
- Barden v. Stickney.Supreme Court of North Carolina · 1902
- Zimmerman v. Lynch.Supreme Court of North Carolina · 1902