Croom v. Allen
Supreme Court of Georgia
Action for breach of warranty. Before Judge Ellis. Fulton superior court. March 24, 1915. The exception is to the grant of a nonsuit in an action instituted by Z. Y. Croom against E. W. Allen, for a breach of warranty expressed in a deed conveying land. The petition, as amended, alleged the following in substance.
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Action for breach of warranty. Before Judge Ellis. Fulton superior court. March 24, 1915. The exception is to the grant of a nonsuit in an action instituted by Z. Y. Croom against E. W. Allen, for a breach of warranty expressed in a deed conveying land. The petition, as amended, alleged the following in substance. Allen, claiming to own a described tract of land in DeKalb County,' bounded on one side by the right of way of the Atlanta & Decatur Electric Bailway Company, on February 12, 1913, executed a warranty deed to H. T. O’Shields. The consideration expressed in the deed was “an even…
1Opinion of the CourtAtkinson, J.
1. The plaintiff was the immediate grantee of O’Shields, and the remote grantee of Allen. The deed executed by Allen contained a covenant of general warranty as to title, which did not express any restriction as to transmission to subsequent purchasers. The deed from O’Shields to the plaintiff transmitted the covenant of warranty expressed in- the deed from Allen to O’Shields. Civil Code, §§ 4136, 4192, 4194; Tucker v. McArthur, 103 Ga. 409 (30 S. E. 283). The inability of the plaintiff to take possession of a part of the land embraced in the deed from Allen to O’Shields and from O’Shields to…
2Cases cited4 opinions
- Bloom Sons v. Americus Grocery Co.Supreme Court of Georgia · 1902
- Tucker v. McArthurSupreme Court of Georgia · 1898
- Irwin v. AskewSupreme Court of Georgia · 1885
- Roberts v. GlassSupreme Court of Georgia · 1900
3Cited by8 opinions
- Sawyer Coal & Ice Co. v. Kinnett-Odom Co.Supreme Court of Georgia · 1941
- State Mutual Insurance v. McJenkin Insurance & Realty Co.Court of Appeals of Georgia · 1952
- Volunteer State Life Insurance v. Powell-White Co.Supreme Court of Georgia · 1943
- McEntyre v. MerrittCourt of Appeals of Georgia · 1934
- Smith v. SmithCourt of Appeals of Georgia · 1973
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