Markland Adm. v. . Crump
Supreme Court of North Carolina
This was an action to recover damages for the breach of a covenant of quiet enjoyment, contained in a deed, whereby the defendant conveyed land to the intestate of the plaintiff. The breaches assigned, were; 1st. The eviction of the intestate by paramount title. 2nd. The eviction of the bargainee of the intestate.
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This was an action to recover damages for the breach of a covenant of quiet enjoyment, contained in a deed, whereby the defendant conveyed land to the intestate of the plaintiff. The breaches assigned, were; 1st. The eviction of the intestate by paramount title. 2nd. The eviction of the bargainee of the intestate. The plaintiff having made"out a prima facie case, for the defence it was proved that the interest of the intestate in the land, had, before the eviction, been sold under afi.fa. against the intestate, to one Marcum, and that the latter was the person who had really been evicted.…
1Opinion of the Court
Ruffin, Chief Justice.
— The opinion delivered in the Superior Court, is that entertained by this Court; and very much upon the reasons expressed by his honour. For it would seem to be a first principle, that in an action sounding in damages, none can be recovered, if none have been sustained byothe plaintiff
Marcum, the purchaser at sheriff’s sale, has been regarded by the plaintiff’s counsel, as a purchaser with warranty; because, under the statute, ho can have recourse to Tucker, the defendant in the execution. The Court supposes it clear, that he is an assignee, who, by reason of the…
2Cases cited2 opinions
- Greenby v. WilcocksNew York Supreme Court · 1806
- Kane v. SangerNew York Supreme Court · 1817
3Cited by9 opinions
- Culbreth v. Britt Corp.Supreme Court of North Carolina · 1949
- Wiggins v. Pender.Supreme Court of North Carolina · 1903
- Smith v. Ingram.Supreme Court of North Carolina · 1902
- Newbern v. . HintonSupreme Court of North Carolina · 1925
- Winders v. . SoutherlandSupreme Court of North Carolina · 1917
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