Ross v. . Davis

Citations

• 29 S.E. 338
• 122 N.C. 265
• 1898 N.C. LEXIS 240

Syllabus

<p>Action for Breach of Warranty— Warranty in Deed— Breach — Life Tenant — Equitable Lien.</p> <p>1. No action can be maintained for a breach of covenant of warranty against the heirs of á life-tenant who, together with the remain-dermen, conveyed land to a purchaser, with general warranty of title, when the grantee had notice of the life tenancy and was not ousted until after the death of the life tenant.</p> <p>2. Where a feme covert and her husband conveyed the wife’s land with covenant of general warranty but the privy examination of the wife was not taken and the proceeds of the sale were invested by the wife in other lands, and after her death her heirs recovered the land so sold and conveyed by their ancestor; Held, that equity will follow the proceeds of the sale and declare the heirs trustees of the land in which such proceeds were invested to the extent of such investment.</p>