Clark v. Zeigler
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Henry S. Zeigler, against Henry C. Clark, to recover damages for a breach of the covenants of warranty contained in a deed to a tract of land, which said Clark had sold and conveyed to the plaintiff; and was commenced on the 25th October, 1884. Clark’s deed to the plaintiff, which was dated October 10th, -1883, and recited the payment of $400 as its consideration,…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Henry S. Zeigler, against Henry C. Clark, to recover damages for a breach of the covenants of warranty contained in a deed to a tract of land, which said Clark had sold and conveyed to the plaintiff; and was commenced on the 25th October, 1884. Clark’s deed to the plaintiff, which was dated October 10th, -1883, and recited the payment of $400 as its consideration, conveyed a tract of land containing 320 acres, using the words “grant, bargain and sell,” and containing a clause in…
1Opinion of the CourtSomerville, J.
The question for decision is as to the correct rule for the measure of damages in an action on a covenant of warranty, when only a.certain portion of the land covered by the warranty is subject to incumbrance. In October, 1883, the defendant, Clark, conveyed to the plaintiff, Zeigler, three hundred and twenty acres of land, with warranty of title. At the time of this conveyance, forty acres of the tract were subject to an incumbrance which defendant had created, several years previous, in favor of Wadsworth, by conveying to him the right to enter and cut all of the “ saw-timber” on this…
2Cases cited6 opinions
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Bibb v. FreemanSupreme Court of Alabama · 1877
- Dimmick v. LockwoodNew York Supreme Court · 1833
- Morris v. PhelpsNew York Supreme Court · 1809
- Pinkston v. HuieSupreme Court of Alabama · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Long Distance Telephone & Telegraph Co. v. SchmidtSupreme Court of Alabama · 1908
- Mobile & Montgomery Railway Co. v. GilmerSupreme Court of Alabama · 1888
- Alger-Sullivan Lumber Co. v. Union Trust Co.Supreme Court of Alabama · 1922
- Stoudenmire v. DeBardelabenSupreme Court of Alabama · 1887
15 more not listed; retrieve them via the Exa API.