Wilder v. Tatum
Alabama Court of Appeals
Appeal from Cherokee Circuit Court. Heard before Hon. W. W. Haralson. Action by J. B. Wilder against S. C. Tatum for breach of warranty. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtBrown, J.
The appellant exchanged a telephone plant and system with the appellee for certain real estate, each executing to the other a conveyance with warranty of title to the property conveyed free from incumbrance. It appears without dispute that the title to the real estate conveyed by appellee to appellant was incumbered by certain liens which depreciated its value, and the appellant sued for a breach of the warranty embodied in the conveyance executed by appellee. This breach of warranty is confessed by appellee and the amount of the damages agreed upon, and the only defense interposed to the…
2Cases cited9 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Smith v. FieldsSupreme Court of Alabama · 1885
- Kingsbury v. MilnerSupreme Court of Alabama · 1881
- Ballard v. Mayfield, Pitman & Co.Supreme Court of Alabama · 1894
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3Cited by1 opinion
- Steverson v. GassenheimerAlabama Court of Appeals · 1933