Roebuck v. Duprey
Supreme Court of Alabama
The defendant in error declared against the plaintiff, in the Circuit Court of Jefferson, in covenant upon a deed of the following tenor: “To all to whom these presents shall come, greeting.
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The defendant in error declared against the plaintiff, in the Circuit Court of Jefferson, in covenant upon a deed of the following tenor: “To all to whom these presents shall come, greeting. Know ye, that I, George Roebuck, for and in consideration of eight hundred dollars received to my full satisfaction, of John W. Dupuy, of the county of Jefferson and State of Alabama, do give, grant, bargain, sell and confirm, unto the said Dupuy, and to his heirs and. assigns, the following described tract or parcel of land, situated in the county aforesaid, in township eighteen, in range three west, viz…
1Opinion of the CourtCollier, C. J.
— It was argued for the plaintiff in error, that his demurrer to the declaration should have been sustained by the Circuit Court—
First: Because the word, “give,” does not imply a covenant against incumbrances.
Sctcond: Because the terms, “grant, bargain, sell,” only imply a covenant (if any) against acts done, or suffered by the grantor or his heirs.
Third: That inasmuch as the deed declared on contains express covenants, there can be none implied by law.
First: Until the statute of quia emptores imwwwzabolishcd the practice of subinfeudations, lands might be granted to be held, either of the…
2Cases cited6 opinions
- Duvall v. CraigSupreme Court of the United States · 1817
- Mitchell v. WarnerSupreme Court of Connecticut · 1825
- Vanderkarr v. VanderkarrNew York Supreme Court · 1814
- Laughran v. KellyMassachusetts Supreme Judicial Court · 1851
- Gates v. CaldwellMassachusetts Supreme Judicial Court · 1810
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3Cited by14 opinions
- Andrews v. McCoySupreme Court of Alabama · 1846
- Mackintosh. v. StewartSupreme Court of Alabama · 1913
- Hood v. ClarkSupreme Court of Alabama · 1904
- Parker v. ParkerSupreme Court of Alabama · 1890
- Ex Parte FrazerSupreme Court of Alabama · 1991
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