Hyatt v. Ogletree

SIMPSON, Judge.

The suit is for breach of general covenants of warranty in a deed.

The appellant, Hyatt, was the grantee who sues the grantor, Ogletree.

(The plaintiffs, husband and wife, are referred to as singular.)

The recited consideration of the deed is “one dollar and other considerations”, but it is conceded that nothing was paid. The deed contains a recital that a quitclaim deed, conveying the property, was previously given by the grantor to the grantee and that the warranty deed was “made to perfect and warrant the title in the grantee.”

The question presented by the appeal is whether,…