Clements v. Landrum
Supreme Court of Georgia
Covenant, in Fayette Superior Court. Tried before Judge Bull, at March Term, 1858. This was an action t© recsver damages for the breach of a covenant contained in a deed executed by Clements to Landrum’s testator, conveying lot of land No. 147, in the 7th District of Fayette county.
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Covenant, in Fayette Superior Court. Tried before Judge Bull, at March Term, 1858. This was an action t© recsver damages for the breach of a covenant contained in a deed executed by Clements to Landrum’s testator, conveying lot of land No. 147, in the 7th District of Fayette county. The deed contained the usual covenant of a warranty of the right and title to the vendee his heirs and assigns, against the claims of the vendor, his heirs, executors, and administrators, and against the claim of all other persons whatever. The breach alleged was, that the vendee had been evicted by title…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
The consideration expressed in the deed on which the action is brought, is three^ hundred dollars. The evidence *403shows that a money consideration was not paid, but that the land conveyed was given in part consideration of another tract of land. It was not in proof, at what value this land was estimated in the trade. The consideration expressed in the deed must, therefore, be presumed to be the value of the land in money agreed upon by the parties. As the presiding Judge in the Court below said to the jury, it is a presumption which might be…
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