Doswell v. Buchanan's ex'ors
Supreme Court of Virginia
The late general Thomas Nelson, by deed dated the 80th December 1788, conveyed a tract of 1500 acres of land called Bullfeld in Hanover, to Nathaniel Burwell and three other trustees, upon trust to sell the same for certain purposes therein mentioned.
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The late general Thomas Nelson, by deed dated the 80th December 1788, conveyed a tract of 1500 acres of land called Bullfeld in Hanover, to Nathaniel Burwell and three other trustees, upon trust to sell the same for certain purposes therein mentioned. General Nelson was in possession of the whole tract at the time of this conveyance; but he had purchased a part of it (it did not appear what part) from James Harris, who never made any conveyance thereof to iiirn : in this part, therefore, he had only an equitable title : in the residue, his title was complete. He died in January 1789. Iu…
1Opinion of the CourtCarb, J.
The counsel for the appellees insisted, in the argument,,that though Hopkins had no title when he conveyed to Buchanan’s trustees, yet, as he afterwards obtained it, he and his alienee were estopped from contradicting the deed. With respect to this, I shall only remark, that this technicality is met and neutralized by another, namely, that the deed contains no clause of warranty, and therefore works no estoppel. A deed of bargain and sale, like a release, passes no title which the bargainor had not at the time, yet if there be a warranty annexed, it will bar. “For albeit (as Coke says, Co.…
2Cases cited1 opinion
- Yesler v. City of SeattleWashington Supreme Court · 1890
3Cited by26 opinions
- Ward v. Ward's HeirsWest Virginia Supreme Court · 1895
- Larmon v. LarmonCourt of Appeals of Kentucky · 1917
- Jennings v. LentzOregon Supreme Court · 1908
- Wasserman v. MetzgerSupreme Court of Virginia · 1906
- Leake v. HayesWashington Supreme Court · 1895
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