Joyner v. Smith
Supreme Court of Georgia
Action for breach of warranty. Before Judge Eelton. Houston superior court. April 8, 1908. The plaintiff’s suit for a breach of warranty of title, expressed in a deed to land executed by the defendant, was dismissed on demurrer, and he excepted. From the allegations of the petition as amended it appears that by his last will and testament Williamson Mfmms devised the land in controversy to his wife for life,, with remainder to his children.
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Action for breach of warranty. Before Judge Eelton. Houston superior court. April 8, 1908. The plaintiff’s suit for a breach of warranty of title, expressed in a deed to land executed by the defendant, was dismissed on demurrer, and he excepted. From the allegations of the petition as amended it appears that by his last will and testament Williamson Mfmms devised the land in controversy to his wife for life,, with remainder to his children. After two of the children attained majority they conveyed their interest to the defendant, and the-widow, acting without authority, conveyed the interest…
1Opinion of the CourtAtkinson, J.
The controlling question in the case is whether the allegations on the subject of eviction under outstanding paramount title were sufficient to authorize a recovery for breach of the warranty. In White & Corbitt v. Stewart & Co., 131 Ga. 460 (62 S. E. 590), it was held, that, “In an action on a general warranty of title to land against the claims of all persons, an eviction or equivalent disturbance by an outstanding paramount title must be alleged.” There is now practical unanimity among the authorities that ouster under legal proceedings is not necessary to constitute eviction. There are…
2Cases cited8 opinions
- Noonan v. LeeSupreme Court of the United States · 1863
- McGary v. HastingsCalifornia Supreme Court · 1870
- White & Corbitt v. Stewart & Co.Supreme Court of Georgia · 1908
- Clements v. CollinsSupreme Court of Georgia · 1877
- Brady v. SpurckIllinois Supreme Court · 1861
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3Cited by15 opinions
- Sawyer Coal & Ice Co. v. Kinnett-Odom Co.Supreme Court of Georgia · 1941
- State Mutual Insurance v. McJenkin Insurance & Realty Co.Court of Appeals of Georgia · 1952
- Abernathy v. RyleeSupreme Court of Georgia · 1952
- Dubois v. SmithCourt of Appeals of Georgia · 1948
- Shaw Bros. v. GuthrieCourt of Appeals of Georgia · 1914
10 more not listed; retrieve them via the Exa API.