Thrower v. Baker
Supreme Court of Georgia
Equitable petition. Before Judge Pendleton, Fulton superior court. January 6, 1915. The action was by D. J. Baker, receiver of E. Y. Crockett, against M. L. Thrower, to recover for a breach of warranty. Thrower conveyed'to Crockett a lot of land “for and in consideration of the sum of ninety-five hundred dollars ($9,500.00) in hand paid,” with a general warranty of title. The land was encumbered by a security deed for $3,500, executed by Thrower.
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Equitable petition. Before Judge Pendleton, Fulton superior court. January 6, 1915. The action was by D. J. Baker, receiver of E. Y. Crockett, against M. L. Thrower, to recover for a breach of warranty. Thrower conveyed'to Crockett a lot of land “for and in consideration of the sum of ninety-five hundred dollars ($9,500.00) in hand paid,” with a general warranty of title. The land was encumbered by a security deed for $3,500, executed by Thrower. Crockett procured an extension of this loan when it fell due. In a proceeding by Crockett’s creditors against him a receiver was appointed, who sold…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.) The action is for a breach of covenant of warranty. The warranty was general, which includes a covenant of freedom from encumbrances, whether known or unknown to the purchaser at the time of taking the deed. Civil Code (1910), §§ 4194, 4195; Miller v. Desverges, 75 Ga. 407. There was an encumbrance on the property of $3,500, which has been discharged by the purchaser’s grantee, and the suit is for reimbursement on account of an alleged breach of the warranty. *374The vendor denied that there had been a breach of the warranty. He offered to testify that the…
2Cases cited5 opinions
- Wellmaker v. WheatleySupreme Court of Georgia · 1905
- Coldwell Co. v. CowartSupreme Court of Georgia · 1912
- Stone v. MinterSupreme Court of Georgia · 1900
- Louisville & Nashville Railroad v. WillbanksSupreme Court of Georgia · 1909
- Miller v. DesvergesSupreme Court of Georgia · 1886
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- Sawyer v. Foremost Dairy Products Inc.Supreme Court of Georgia · 1933
- Horton v. StoneSupreme Court of Georgia · 1924
- Newsom v. Reynolds Chevrolet Co.Court of Appeals of Georgia · 1931
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