Griffin v. Reynolds
Citations
- 17 Ala. 198
Syllabus
<p>1. To show a breach of the covenant in a deed, created by the words grata, bargain and sell, it is necessary to aver that the title has failed iñ consequence of some act of the grantor.</p> <p>2. In an action un a covenant of warranty, it is necessary to allege that the plaintiff has been evicted or has yielded up the possession «fa paramount title.</p> <p>3. A plea denying that the plaintiff has lost the possession of the land and avering that he still retains it, is good in bar of the action on a covenant of warranty.</p>
Judges: Dargan
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