Tucker v. Butterweck

Citations

• 50 Fla. 442

Syllabus

<p>CO-WARRANTORS OF TITLE TO LAND — VALID CONSIDERATION MOVING TO ONE, SUPPORTS THE WARRANTY OF THEM ALL.</p> <p>In a suit brought by the grantees in a deed to land against the four grantors therein for breach of a warranty of the title therein contained, two of such grantors and co-warrantors pleaded that no consideration for their warranty had moved to them personally, but that a good consideration had passed to one of their co-warrantors for such warranty. Held, that such plea was inconsistent and repugnant, and bad on demurrer. That the consideration admitted by the plea to have moved to one of the co-warrantors in the deed was sufficient to support the warranty of all the other co-warrantors.</p>