Rowe v. Heath
Texas Supreme Court
Appeal from Panola. Tried below before the Hon. Charles A. Erazer. This was an action brought by the appellee against the appellant, on the covenants of warranty in a deed, for a certain tract of land sold to him by the defendant, from which he had been evicted by another claimant, under a superior title; and also upon a special verbal contract, to pay the expenses incurred by the plaintiff, in defending the suit brought by the claimant, for the recovery of the land.
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Appeal from Panola. Tried below before the Hon. Charles A. Erazer. This was an action brought by the appellee against the appellant, on the covenants of warranty in a deed, for a certain tract of land sold to him by the defendant, from which he had been evicted by another claimant, under a superior title; and also upon a special verbal contract, to pay the expenses incurred by the plaintiff, in defending the suit brought by the claimant, for the recovery of the land. The appellee in this suit, in his petition, alleged, that in consideration of the sum of $470, paid by him to the defendant,…
1Opinion of the CourtWheeler, C. J.
The questions for decision upon this appeal, are, whether the covenant on which the suit is brought, is a covenant of general warranty; and, if so, whether the plaintiff was entitled to recover, in this action, his necessary expenses, incurred in defending his grantor’s title.
The first covenant in the deed, is in these words: “ For him, the said Rigden Heath, his heirs and assigns, to have and to hold forever, as his own right, title and property, free from the claim *619or claims of me, my heirs, or creditors, and all other person or persons whomsoever, to claim the same, or any part thereof,…
2Cited by16 opinions
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- Gress v. EvansSupreme Court Of The Territory Of Dakota · 1877
- Sherrick v. WylandCourt of Appeals of Texas · 1896
- Hazelett v. WoodruffSupreme Court of Missouri · 1899
- Turner v. MillerTexas Supreme Court · 1874
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