Sheffey's Ex'or v. Gardiner
Supreme Court of Virginia
Error to judgment of circuit court of Symth county, rendered 28th September, 1883, in an action of covenant for breach of warranty of title wherein Thomas E. Gardiner was plaintiff and John P. Sheffey, executor of James W. Sheffey, deceased, was defendant. At the date of vendor’s deed of conveyance to Gardiner, part of the lard conveyed was possessed by one David B. Clark, under superior title, and Gardiner never got actual possession of such part.
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Error to judgment of circuit court of Symth county, rendered 28th September, 1883, in an action of covenant for breach of warranty of title wherein Thomas E. Gardiner was plaintiff and John P. Sheffey, executor of James W. Sheffey, deceased, was defendant. At the date of vendor’s deed of conveyance to Gardiner, part of the lard conveyed was possessed by one David B. Clark, under superior title, and Gardiner never got actual possession of such part. The deed, made part of declaration on defendant’s craving oyer thereof, recited that “immediate possession is delivered to said Gardiner, he…
1Opinion of the CourtHinton, J.
This was an action to recover damages for a breach of covenant of warranty of title to twelve acres and eighty-two poles of land, which are included within the boundary lines set out in the deed of conveyance from the testator of the plaintiff in error to the defendant in error, Thomas E. Gardiner, but which, in point of fact, were, at the time of the execution of said conveyance, and still are, in the possession of one David B. Clark, who holds them by a paramount title. At the trial the plaintiff in error demurred to the declaration, and he now insists that the demurrer ought to have been…
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