Burroughs v. Pate
Supreme Court of Alabama
Appeal from Tuscaloosa. County Court. Heard before Hon. IT. B. Foster. Action by J. M. Burroughs against T. J. Pate for breach of the covenant of possession and quiet enjoyment. Judgment for defendant and plaintiff appeals.
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Appeal from Tuscaloosa. County Court. Heard before Hon. IT. B. Foster. Action by J. M. Burroughs against T. J. Pate for breach of the covenant of possession and quiet enjoyment. Judgment for defendant and plaintiff appeals. The breach declared on is for quiet and peaceable possession when in fact the premises were not in the quiet and peaceable possession of the defendant, but were in the possession of one S. J. Johnson, who occupied and now occupies the same under a right of possession paramount and superior to that of the defendant. The second breach declared on was warranty of title, which…
1Opinion of the CourtAndekson, J.
Any parol reservations to property conveyed, whether prior to or contemporaneous with the execution of an absolute conveyance, are merged in the deed, and it takes effect as an operative conveyance, according to its terms, from the time of delivery. Its legal effect cannot be varied or qualified, by a reservation in parol, so as to make the estate conveyed commence in futuro, or so as to limit or restrict the use or enjoyment of the property conveyed. Upon the execution of the deed in question, ■ the plaintiff was entitled to the immediate possession of the land, without condition or…
2Cases cited6 opinions
- Williams v. HigginsSupreme Court of Alabama · 1881
- Hall v. SolomonSupreme Court of Connecticut · 1892
- Wright v. GravesSupreme Court of Alabama · 1885
- Melton v. WatkinsSupreme Court of Alabama · 1854
- Steed v. HinsonSupreme Court of Alabama · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Corley v. VizardSupreme Court of Alabama · 1919
- Moorer v. Tensaw Land & Timber Co.Supreme Court of Alabama · 1944
- Roberts v. MonroeSupreme Court of Alabama · 1954
- Morriss v. HesseCourt of Appeals of Texas · 1919
- Carter v. StringfellowSupreme Court of Alabama · 1975
7 more not listed; retrieve them via the Exa API.