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Pritchard v. Rebori

Supreme Court of Tennessee
186 S.W. 121 (1916)

Written by Richard Lavigne, JD

Facts

Pritchard (plaintiff) purchased real property adjacent to a railroad line from Rebori (defendant). Both parties examined the land prior to purchase and believed that a fence constructed by the railroad company represented the boundary line of the railroad right-of-way. Rebori gave Pritchard a deed that described the boundaries of the conveyed parcel as extending to the railroad right-of-way based upon the location of the fence. After the purchase, Pritchard discovered that the actual railroad right-of-way line extended into the parcel described in the deed. Pritchard purchased other land and conveyed it to the railroad in exchange for the property lying within the right-of-way. Pritchard filed suit seeking damages for breach of warranty against encumbrances. The trial court ruled in favor of Pritchard. Rebori appealed.

Rule of Law

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Issue

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Holding and Reasoning (Williams, J.)

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