Oliver v. Bush
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the Hon. John Pelham. This action ivas brought by the appellants against T. G-. Bush to recover damages for the breach of a covenant of warranty. The complaint as amended contained three counts. In the first count the plaintiffs claimed both for the breach of warranty and for the breach of the statutory covenant of seizin.
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Appeal from the Circuit Court of Calhoun. Tried before the Hon. John Pelham. This action ivas brought by the appellants against T. G-. Bush to recover damages for the breach of a covenant of warranty. The complaint as amended contained three counts. In the first count the plaintiffs claimed both for the breach of warranty and for the breach of the statutory covenant of seizin. In the second and third counts the plainttiffs claimed under a breach of warranty of title as expressed in a deed. The covenant alleged to have been broken and the facts of the case necessary to an understanding of the…
1Opinion of the CourtMcCLELLAN, C. J.
T. G. Bush and others sold and conveyed a tract of land to R. P. and W. S. Oliver and their heirs and assigns forever. The deed contained the following covenant: “And the said parties of the first part, for themselves and their heirs, the above described and hereby granted and released premises and every part and parcel thereof, with the hereditamentts and appurtenances unto the said parties of the second paid, their heirs and assigns, against the said parties of the first part and......heirs, and against all and every person and persons whomsoeA''er lawfully ’Claiming or to claim the same,…
2Cases cited7 opinions
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Anderson v. KnoxSupreme Court of Alabama · 1852
- Dupuy v. RoebuckSupreme Court of Alabama · 1845
- Thomas v. St Paul's M. E. ChurchSupreme Court of Alabama · 1888
- Caldwell v. KirkpatrickSupreme Court of Alabama · 1844
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bowdoin Square, LLC v. Winn-Dixie Montgomery, Inc.Supreme Court of Alabama · 2003
- Chicago, Mobile Development Co. v. G. C. Coggin Co.Supreme Court of Alabama · 1953
- Dallas Compress Co. v. LiepoldSupreme Court of Alabama · 1921
- Lacks v. StriblingCourt of Civil Appeals of Alabama · 1981
- Alger-Sullivan Lumber Co. v. Union Trust Co.Supreme Court of Alabama · 1928
7 more not listed; retrieve them via the Exa API.