Eames v. Armstrong
Supreme Court of North Carolina
Civil actioN, tried before Moore, J., and a jury, at February Term, 1907, of tbe Superior Court of Mooke Oounty. Tbis was au action for breach of covenant of seizin. The facts, in regard to which there is no controversy, are as follows : The tract described in the deeds and in the complaint as the “Russell Gold Mine,” containing 356 acres, was, prior to 5 May, 1902, the property of Mrs. Elizabeth Eames, the wife of plaintiff.
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Civil actioN, tried before Moore, J., and a jury, at February Term, 1907, of tbe Superior Court of Mooke Oounty. Tbis was au action for breach of covenant of seizin. The facts, in regard to which there is no controversy, are as follows : The tract described in the deeds and in the complaint as the “Russell Gold Mine,” containing 356 acres, was, prior to 5 May, 1902, the property of Mrs. Elizabeth Eames, the wife of plaintiff. The tract described as the “Coggins Meeting House,” containing three acres, was, at said date, the property of plaintiff. On 6 May, 1903, W. D. Clark, Sheriff of…
1Opinion of the Court
CoNNOR, J.,
after stating the case: We were of the opinion, when this case was here at the Fall Term, 1906, that the covenant of seizin extended to the “Coggins Meeting House” tract. 142 N. C., 506. It appears that, at the time the deed was made by Armstrong to the plaintiff, the title to that tract was in the plaintiff, and that this was well known to him. It further appears that plaintiff immediately conveyed the same land toWMtney,who went into possession and remains therein. In Fitch v. Baldwin, 17 Johnson, 166, it is said: “The covenant of seizin extends only to guaranty the bargainee…
2Cases cited7 opinions
- Hallyburton v. Slagle.Supreme Court of North Carolina · 1903
- Matthews v. Fry.Supreme Court of North Carolina · 1906
- Tiddy v. . GravesSupreme Court of North Carolina · 1900
- King v. Cooper.Supreme Court of North Carolina · 1901
- Furness v. WilliamsIllinois Supreme Court · 1849
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3Cited by12 opinions
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- Jones v. . SchullSupreme Court of North Carolina · 1910
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- Crowell v. . JonesSupreme Court of North Carolina · 1914
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