Morris v. Hodge

Birdsong, Judge.

Appellants, Mr. and Mrs. Morris, brought suit against Hodge and his real estate agency alleging that there had been a breach of warranty involved in the transfer of real property from Hodge to the Morrises. Particularly, the Morrises alleged that the warranty deed did not mention an outstanding recorded security deed to a third party involving the same property; therefore the warranty deed was misleading because a warranty deed implies that there are no encumbrances against the property. Arguments of counsel appearing in the record indicate that at the time of the transfer of…