59 Ga. 124 | Ga. | 1877
A vendor conveyed land by deed, dated in 1859, with general warranty of title. The vendee conveyed, with like warranty, by deed, dated in the same year, and about one month later than the former deed. This action is by the second vendee against the first vendor, for a breach of warranty. The action was commenced in August, 1876. The plea was “not indebted.” At the.trial, the jury found a verdict for the defendant. The plaintiff moved for a new trial, and the court granted it.- Whether the verdict was correct or not, depends upon whether the plaintiff- made, by his evidence, a prima facie case of eviction under title paramount. The evidence consisted alone of the two deeds, and the record of a recovery, in ejectment, of- the premises to which the deeds and the covenants of warranty apply. The action of ejectment was commenced in December, 1869, and judgment for the plaintiffs therein was rendered in May, 1875. The action was' in favor of John Doe, on the demises of several lessors, all of-them strangers to the pre'sent suit. The demises were all laid subsequently-to the date of the warranty now'in question. They were alleged to have been made in 1868, and the ouster by the casual-ejector was averred to have taken place in that year. The party designated as tenant in possession, and served as-such, was the
Cited for plaintiff in error 2 Greenleaf’s Cruise, top p. 461, n .1; 15 Wend., 427; 3 Watts and S., 407; 2 Metc., 365; 25 Ga., 566; 4 Ib., 593; 5 Ib., 275; Code, §2683. For defendant, Code, §§2702, 2703; 10 Ga., 311; 5 Ib. 296; 47 Ib., 516; 32 Ib., 18; 33 Ib., 45 ; 10 Metcalf, 315 ; 5 Ohio, 158 ; Rawle Cov. of Title, 144; 4 Wheat., 231; 54 Ga., 81. For plaintiff in reply, Rawle Cov. of Title, 229; 4 Watts and S., 410.
Judgment reversed.