Taylor v. Stewart
Supreme Court of Georgia
Warranty. Judgments. Lien. Before Judge Knight. Cobb Superior Court. November Term, 1874. Taylor brought complaint against Stewart on his warranty embraced in a deed executed by him on February 6th, 1872, conveying a five acre tract of land to the plaintiff for the expressed consideration of $60 00. 'The defendant pleaded the general issue, and that th.e plaintiff had surrendered possession of the land to a title which was not paramount.
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Warranty. Judgments. Lien. Before Judge Knight. Cobb Superior Court. November Term, 1874. Taylor brought complaint against Stewart on his warranty embraced in a deed executed by him on February 6th, 1872, conveying a five acre tract of land to the plaintiff for the expressed consideration of $60 00. 'The defendant pleaded the general issue, and that th.e plaintiff had surrendered possession of the land to a title which was not paramount. The facts were, in brief, as follows: On October 7th, 1873, the land covered by the aforesaid Avarranty Avas sold by the sheriff under an execution in favor…
1Opinion of the Court
Trippe, Judge.
Taylor brought his action against Stewart for breach of warranty contained in the deed of the latter to the former for certain land. The defendant pleaded the general issue, and specially that plaintiff had surrendered possession to a title not paramount. On the trial, plaintiff proved that when he bought there was a judgment against one White in favor of N. B. Green; that White was in possession of the premises after the judgment was obtained against him; that the execution which issued on the judgment had been levied on the land by the sheriff, sold by him, and that plaintiff…
2Cited by3 opinions
- Clements v. CollinsSupreme Court of Georgia · 1877
- Meeks v. MeeksCourt of Appeals of Georgia · 1908
- Morris v. RogersSupreme Court of Georgia · 1898