Legal Opinion

Allemong v. Gray's

Supreme Court of Virginia

Decided November 14, 1895PublishedCited by 10 opinions

Argued at Staunton. Decided at Richmond. Appeal from a decree of the Circuit Court of Rockingham county, pronounced October 29, 1891. This was a suit in chancery instituted in the Circuit Court of Rockingham county, by H. J. Gray and sundry others, suing on behalf of themselves and others, creditors of the estates of Jacob Dundore and John R. Koogler, against the personal representatives of said Dundore and Koogler, John W. F. Allemong, and numerous other persons.

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Argued at Staunton. Decided at Richmond. Appeal from a decree of the Circuit Court of Rockingham county, pronounced October 29, 1891. This was a suit in chancery instituted in the Circuit Court of Rockingham county, by H. J. Gray and sundry others, suing on behalf of themselves and others, creditors of the estates of Jacob Dundore and John R. Koogler, against the personal representatives of said Dundore and Koogler, John W. F. Allemong, and numerous other persons. The complainants, after setting out in their bill how Dundore and Koogler had obtained a deed purporting to convey to them 53,000…

1Opinion of the Court

Keith, P.,

delivered the opinion of the court.

The controversy in this case arises upon the construction of the covenant in the deed from Allemong and wife and Gervis F. Mayers to Joseph D. Price and Philip Phares, which covenant is in the following words :

“ John W. F. Allemong and wife and Gervis F. Mayers covenant that they will warrant specially the land hereby conveyed ; that they have the right to convey the said land to the said grantees ; that the said grantees shall have quiet possession thereof, free from all encumbrances; that they shall execute such further assurances of said land as…

2Cited by10 opinions

  1. Uhl v. Ohio River RailroadWest Virginia Supreme Court · 1902
  2. Griffin v. Coal Co.West Virginia Supreme Court · 1905
  3. Irvin v. StoverWest Virginia Supreme Court · 1910
  4. Hamlin v. PandapasSupreme Court of Virginia · 1956
  5. Stephen Putney Shoe Co. v. Richmond, Fredericksburg & Potomac RailroadSupreme Court of Virginia · 1914

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