Witty v. Hightower
Mississippi Supreme Court
In error from the circuit court of Choctaw county; Hon. Francis M. Rogers, judge. Richard I. Witty sued Joshua Hightower, for breach of covenant of warranty contained in a deed from the latter to the former.
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In error from the circuit court of Choctaw county; Hon. Francis M. Rogers, judge. Richard I. Witty sued Joshua Hightower, for breach of covenant of warranty contained in a deed from the latter to the former. In this deed the words of conveyance are, “ doth sell, alien, infeoff and convey;” the words of habendum, &c. and warranty, were these, viz : “to have and to hold the said tracts or parcels of land, with the hereditaments, &c. unto the said Witty, his heirs and assigns; the said Hightower for himself, his heirs, executors and administrators, will warrant and forever defend.” The first…
1Opinion of the CourtJustice Clayton
This is an action of covenant brought upon a deed, in which the defendant covenants “ that he will warrarit and forever defend the title of the land sold.”
The declaration regards the deed in one count, as containing a covenant of seisin, and alleges that at the time of the sale one John H. Davis had a title valid in law, and superior to the right of Hightower; that defendant was not seized in fee, and that the plaintiff abandoned his claim under defendant, and accepted the title of Davis, whereby he avers defendant hath broken his covenant.
The next count alleges, “ that on the 18th of…
2Cases cited1 opinion
- Van Beuren & Sands v. WilsonNew York Supreme Court · 1828
3Cited by1 opinion
- Villere v. Van HaelenLouisiana Court of Appeal · 1952