Gragg v. . Wagner
Supreme Court of North Carolina
Civil aotioN, an attachment against the défendant for a breach of covenant, tried on a demurrer to the defendant’s answer, before Henry, J., at the Fall Term, 1873, of "Watauga Superior Court. The following are the substantia] facts relating to the point presented in the Court below, and decided in this Court.
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Civil aotioN, an attachment against the défendant for a breach of covenant, tried on a demurrer to the defendant’s answer, before Henry, J., at the Fall Term, 1873, of "Watauga Superior Court. The following are the substantia] facts relating to the point presented in the Court below, and decided in this Court. Plaintiff and defendant exchanged lands, those of the plaintiff situate in Watauga county, N. C., and the five tracts of the defendant being in Johnson county, State of Tennessee. Both parties executed and delivered to each other deeds for their respective tracts of lands, covenanting…
1Opinion of the CourtBtotM, J.
A conveys to B a tract of land with a covenant against encumbrances, both parties, at the time, having full knowledge of the existence of valid outstanding encumbrances upon the land conveyed: Can B recover upon the covenant ? There is no allegation of fraud or mistake in procuring the covenants, and therefore, any oral evidence offered in the case, would fall under the general rule that it shall not be admitted to contradict, alter or vary, the written agreement of the parties. If there are known eneumbranees, and it is the object of the vendor to except them from the operation of the…
2Cases cited3 opinions
- Townsend v. WeldMassachusetts Supreme Judicial Court · 1811
- Collingwood v. IrwinSupreme Court of Pennsylvania · 1834
- Fenwick v. PhillipsCourt of Appeals of Kentucky · 1860
3Cited by3 opinions
- Gerdes v. ShewCourt of Appeals of North Carolina · 1969
- Gragg v. . WagnerSupreme Court of North Carolina · 1877
- Juhan v. CozartCourt of Appeals of North Carolina · 1991