Deason v. Findley

40 So. 220 (1906)

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Deason v. Findley

Alabama Supreme Court
40 So. 220 (1906)

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  • Written by Sean Carroll, JD

Facts

Murchison Findley (defendant) conveyed property to William Robertson. The conveyance contained a covenant of warranty and a covenant of quiet enjoyment of the land. The covenants ran with the land to Robertson’s assignees and heirs. John Moore obtained title to the property by adverse possession. Deason (plaintiff) obtained the title held by Moore. Deason filed suit against Findley, alleging a breach of the covenant of warranty. The trial court ruled in favor of Findley. Deason appealed.

Rule of Law

Issue

Holding and Reasoning (Anderson, J.)

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Casebooks

Property

Key Terms

  • Privity of estateSuccessive or concurrent interest in the same property, such as between a landlord and tenant or grantor and grantee.
  • Covenant of WarrantyThe warranty of the grantor of title to real property that the grantor will defend any claims against the grantee’s title and will indemnify the grantee for any losses resulting from claims against title.
  • Covenant Running with the LandAn agreement between two parties that is tied to the property, not the owner, and is binding on future property owners.

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