Sparks v. Choate

BROCK, Chief Judge.

The sole issue is whether the trial court committed error in concluding as a matter of law that a person who joins in the execution of a general warranty deed without limitation, reservation, or exception, is later estopped to assert a claim of right of way over the land conveyed by such deed.

On 10 August 1963, plaintiff and other co-tenants conveyed by a general warranty deed, without exception, a tract of land to Monroe Holloway and wife, Clyde Holloway. On 16 August 1968, defendant acquired by warranty deed without reservation the same tract conveyed to the Holloways by…