Greene v. Allen
Supreme Court of Alabama
[COVENANT FOR BREACH OF'TITLE-BOND.] Appeal from the Circuit Court of Benton, now Calhoun county. Tried before the Hon. Thos. A. Walker.
Read the full summary
[COVENANT FOR BREACH OF'TITLE-BOND.] Appeal from the Circuit Court of Benton, now Calhoun county. Tried before the Hon. Thos. A. Walker. This action was brought by the appellee, as administrator of Lecil Bruton, deceased, against Aaron Greene; was commenced on the 8th September, 1848; and was founded on a penal bond, executed by the defendant and one Rezin R. Chilton, and dated the 12th November, 1840, the condition of which was as follows: “Whereas I, the said Rezin R. Chilton, have bargained and sold to the said Lecil Bruton a certain tract or parcel of land, situate and lying in the county…
1Opinion of the CourtStone, J.
It is settled in this State, that a purchaser of land has a right to demand a good title. — Cullum v. Br. Bank, 4 Ala. 21; Hunter v. O’Neal, 12 Ala. 37; Parks v. Brooks, 16 Ala. 529; Springle v. Shields, 17 Ala. 296; Thrasher v. Pinckard, 23 Ala. 616.
After breach, a purchaser may either proceed for specific performance, or sue on his bond for title. — Haines v. *221Farley, 2 Porter, 528; Clemens v. Loggins, 1 Ala. 622; Griggs v. Woodruff, 14 Ala. 9.
These citations abundantly prove, that it is the vendor’s duty to acquire a good title, and be prepared to convey to his vendee, whenever, by the…
2Cases cited9 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Parks v. BrooksSupreme Court of Alabama · 1849
- Griggs v. WoodruffSupreme Court of Alabama · 1848
- Walton v. BonhamSupreme Court of Alabama · 1854
- Hunter v. O'NeilSupreme Court of Alabama · 1847
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dillon v. AFBIC Development Corp.Court of Appeals for the Fifth Circuit · 1979
- Cotton v. CottonSupreme Court of Alabama · 1883
- Dillon v. Afbic Development CorporationCourt of Appeals for the Fifth Circuit · 1979