Miller v. Desverges
Supreme Court of Georgia
Contracts. Warranty. Actions. Before Judge Harden. City Court of Savannah. July Term, 1885. Desverges brought suit against Miller, based on a general warranty of title of land purchased by the plaintiff from the defendant, from which the plaintiff had subsequently been evicted under a judgment in ejectment, at the suit of a third party. - The defendant pleaded the general issue, and that the plaintiff knew of the defect when he’ purchased; that it was understood that the…
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Contracts. Warranty. Actions. Before Judge Harden. City Court of Savannah. July Term, 1885. Desverges brought suit against Miller, based on a general warranty of title of land purchased by the plaintiff from the defendant, from which the plaintiff had subsequently been evicted under a judgment in ejectment, at the suit of a third party. - The defendant pleaded the general issue, and that the plaintiff knew of the defect when he’ purchased; that it was understood that the warranty did not cover this defect; and that the plaintiff said he would assume the risk, and the sale was made to him at a…
1Opinion of the Court
Hall, Justice.
The question made by this record is, whether one who has been evicted from land by a judgment in ejectment can maintain a suit against his vendor for a breach of covenant included in a warranty of title against the claims “ of all other persons whatever,” if at the time of taking the conveyance, or before, he knows or is informed of any defect in the title of his immediate feoffor ; or whether, in other words, such a general warranty will cover defects in the title, where they were known to the purchaser.
We think the law was correctly laid down upon this subject in Smith vs.…
2Cases cited3 opinions
- Smith v. EasonSupreme Court of Georgia · 1872
- Skinner v. MoyeSupreme Court of Georgia · 1882
- Clark v. WhiteheadSupreme Court of Georgia · 1873
3Cited by16 opinions
- Bradley v. HullanderSupreme Court of South Carolina · 1978
- Federal Land Bank v. Bank of LenoxSupreme Court of Georgia · 1941
- King v. BakerCourt of Appeals of Georgia · 1994
- Friendly Finance Co. v. StoverCourt of Appeals of Georgia · 1964
- Foute v. ElderSupreme Court of Georgia · 1900
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