Caldwell v. Kirkpatrick
Supreme Court of Alabama
Error to the Circuit Court of Butler. Action for breach of covenant by the plaintiff against the defendant in error. The action is for a breach of covenant of warranty, in a deed for a lot in the town of Greenville.
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Error to the Circuit Court of Butler. Action for breach of covenant by the plaintiff against the defendant in error. The action is for a breach of covenant of warranty, in a deed for a lot in the town of Greenville. The breach is thus alleged: “Yet the said plaintiff in fact saith, that said defendant hath not kept his said covenant in this, that said plaintiff was ousted from the possession of the said premises by superior title in law — and in this likewise, that said defendant did never place defendant in possession of the said premises, and plain tiff hath not been able to obtain…
1Opinion of the Court
ORMOND, J.'
The question to be settled in this case is, what is the import of the general covenant of warranty, upon a sale of lands in this State.
In England, anciently, the covenant of warranty authorised the tenant, if he lost the lands, to recover of the warrantor, lands of equal value. This rule was of feudal origin, and according to the opinion of Chief Justice Parsons, in Gore v. Brazier, [3 Mass. 544,] had been so far relaxed before the settlement of this country, as to permit the tenant ousted, by title paramount, to maintain d personal action of covenant broken, on a real covenant of…
2Cases cited1 opinion
- Emerson v. Proprietors of a Tract of Land in MinotMassachusetts Supreme Judicial Court · 1805
3Cited by16 opinions
- Andrews v. McCoySupreme Court of Alabama · 1846
- Perkins' Exr's v. Winter's Adm'rxSupreme Court of Alabama · 1845
- Thomas v. St Paul's M. E. ChurchSupreme Court of Alabama · 1888
- Sayre v. Sheffield Land, Iron & Coal Co.Supreme Court of Alabama · 1894
- McKleroy v. TulaneSupreme Court of Alabama · 1859
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