Heflin v. Phillips
Supreme Court of Alabama
Ai'PKUi from the Circuit Court of Randolph. Tried before the Hen. James It. Dowdell. This was an action by Zacliariali T. Phillips against Wilson L. Heiii.ii and others on a note under seal executed by the defendants on January 27, 1888, and payable to the plaintiff on January 21, 1889. The opinion describes the pleas.
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Ai'PKUi from the Circuit Court of Randolph. Tried before the Hen. James It. Dowdell. This was an action by Zacliariali T. Phillips against Wilson L. Heiii.ii and others on a note under seal executed by the defendants on January 27, 1888, and payable to the plaintiff on January 21, 1889. The opinion describes the pleas. The plaintiff demurred to each of the jileas, on the following ground: “The plea fails to state that the lands therein described, and said to have been purchased by defendant from plaintiff, have been incumbered by plaintiff, or suffered to be incumbered by plaintiff.” The…
1Opinion of the CourtThorington, J.
The statute of 1803 provided that the words “grant, bargain, sell,” when used in deeds whereby any estate of inheritance, in fee simple, is limited to the grantee or his heirs, should be adjudged an express covenant to the grantee, his heirs and assigns, that the grantor was seized of an indefeasible estate in fee simple, free from in-cumbrances, done or suffered from the grantor, as, also, for *562quiet enjoyment against the grantor, bis beirs and assigns, unless limited in express words contained in sucb deeds.
In construing tbis statute tbis court declared tbat the words “grant, bargain, sell”…
2Cases cited7 opinions
- Strong v. WaddellSupreme Court of Alabama · 1876
- Godbold v. Branch Bank at MobileSupreme Court of Alabama · 1847
- Roebuck v. DupreySupreme Court of Alabama · 1841
- Magee v. McMillanSupreme Court of Alabama · 1857
- Moore v. JohnstonSupreme Court of Alabama · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- St. Paul Title Ins. Corp. v. OwenSupreme Court of Alabama · 1984
- Mackintosh. v. StewartSupreme Court of Alabama · 1913
- Oliver v. BushSupreme Court of Alabama · 1899
- Hood v. ClarkSupreme Court of Alabama · 1904
- Steele v. McRaneyCourt of Civil Appeals of Alabama · 2003
1 more not listed; retrieve them via the Exa API.