Prestwood v. McGowin
Supreme Court of Alabama
Appeal from tlie Circuit Court of Covington. Tried before the Hon. A. H. Alston. This was an action brought by the appellees against the appellants, J. A. Prestwood and his wife, M. E. Prestwood, and IV. T. Knowles and his wife, F. A. Knowles.
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Appeal from tlie Circuit Court of Covington. Tried before the Hon. A. H. Alston. This was an action brought by the appellees against the appellants, J. A. Prestwood and his wife, M. E. Prestwood, and IV. T. Knowles and his wife, F. A. Knowles. The plaintiffs as described in the complaint were: “¡3. W. McGowin, E. B. White, Aggie Dixon, Bell White, J. 'O. McGowin and !3. W. McGowin, adult 'heirs-at-law of James McGowin, deceased, and Fred and Maggie Mc-Gowin, minor heirs of F. T. McGowin, who was an lieirat-law of James McGowin, deceased, by their next friend, E. B. White.” The plaintiffs…
1Opinion of the CourtHaralson, J.
This action seeks damages for the breach of covenants, of seizin and warranty of title to land. An eviction or ouster, either actual or constructive, is essential to the breach. The eviction need not be with force. If it appears that the covenantee has. yielded to a paramount title, whether it was derived from hi's own grantor or from a stranger, and he gives up the possession, if he ever had it, or he becomes the tenant of him of superior title, or has purchased his title, that is sufficient as being a constructive ouster. So, again, if the covenantee has been denied or held out of…
2Cases cited8 opinions
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Clark v. ZeiglerSupreme Court of Alabama · 1885
- Gunter v. WilliamsSupreme Court of Alabama · 1867
- Kingsbury v. MilnerSupreme Court of Alabama · 1881
- Parks v. BarnettSupreme Court of Alabama · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Alger-Sullivan Lumber Co. v. Union Trust Co.Supreme Court of Alabama · 1922
- Faller v. Davis Et Ux.Supreme Court of Oklahoma · 1911
- St. Paul Title Ins. Corp. v. OwenSupreme Court of Alabama · 1984
- Garner v. MorrisSupreme Court of Alabama · 1914
- Terry v. RichSupreme Court of Alabama · 1916
13 more not listed; retrieve them via the Exa API.