Fulmer v. Bates

MR. Special Justice Hendersoin

delivered the opinion of the Court.

Defendant, Bates, for the consideration of $7,750, conveyed by deed to complainant, Fulmer, certain real estate in Memphis by the following description:

“Lots Nos. 1 and 2 of part of lot 5, block 53, of the plan of South Memphis, fronting 37% feet, each, on the south side of Linden' street, and running back south, between parallel lines, 154 feet, to a twenty-foot alley in the rear.”

The claim is that no alley of any kind exists, or ever existed, in the rear of said lots, and that the covenants of said deed have been breached by…