Brawley v. Copelin
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Eugene Lank-ford, Judge; STATEMENT BY THE COURT. This is a suit by appellee against appellant to recover damages for a breach of a covenant of warranty. J. F. Copelin, the husband of appellee, Mrs. Esther Copelin, bought a tract of land from appellant, J. H. Brawley, and had the title taken in his wife’s name.
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Appeal from Lonoke Circuit Court; Eugene Lank-ford, Judge; STATEMENT BY THE COURT. This is a suit by appellee against appellant to recover damages for a breach of a covenant of warranty. J. F. Copelin, the husband of appellee, Mrs. Esther Copelin, bought a tract of land from appellant, J. H. Brawley, and had the title taken in his wife’s name. The deed is as follows: . Know All Men by These Presents: That I, J. H. Brawley, single man, of Cabot, Arkansas, for and in consideration of the sum of three hundred ($300) dollars, to me in hand paid by Esther Copelin, of Lonoke County, in the State of…
1Opinion of the Court
Hart, J.,
(after stating the facts). The deed recites : ‘£ This land was bought by me for tax at a tax sale on the 10th day of June, 1901, and deeded to me by J. S. Ford, county clerk, 16th day of July, 1903.
“The 82 11/100 tract was recorded October 8, 1903, record book 51, page 226, the ,37 50/100 that same day, record book 51, page 224. These facts I warrant and defend against all claims.” And at the end of the printed warranty, appellant wrote in ink “as above set forth. ’ ’
It is the contention of appellant that he only intended to give a special warranty to the effect that he had purchased…
2Cases cited6 opinions
- Bagley v. FletcherSupreme Court of Arkansas · 1884
- Crawford v. McDonaldSupreme Court of Arkansas · 1907
- Alexander v. BridgfordSupreme Court of Arkansas · 1894
- Gibbons v. MooreSupreme Court of Arkansas · 1911
- Benton County v. RutherfordSupreme Court of Arkansas · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Selle v. City of FayettevilleSupreme Court of Arkansas · 1944
- Fox v. PinsonSupreme Court of Arkansas · 1930
- Arkansas Trust Co. v. BatesSupreme Court of Arkansas · 1933
- Thompson v. DildySupreme Court of Arkansas · 1957
- Van Bibber v. HardySupreme Court of Arkansas · 1949
7 more not listed; retrieve them via the Exa API.