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Davis v. Smith

Law Dictionary
CASE BRIEFS

Law Dictionary

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Property Law Keyed to Cribbet

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Bloomberg Law

Citation. 22 Ill.5 Ga. 274 (1848)

Brief Fact Summary. In this opinion, the Georgia Supreme Court discusses the measure of damages for breach of a covenant of warranty in a deed. The estate of Harris, deceased, was partially insolvent and the administrator brought a bill in equity, seeking directions for the payment of debts. Among the debts was a claim by the heirs of Laney, deceased, for breach of a covenant of warranty in a deed by Harris to Laney.

Synopsis of Rule of Law. The majority rule in this country is that the vendee is allowed to recover the purchase money with interest from the time of the purchase.


Facts. In this opinion, the Georgia Supreme Court discusses the measure of damages for breach of a covenant of warranty in a deed. The estate of Harris, deceased, was partially insolvent, and the administrator brought a bill in equity, seeking directions for the payment of debts. Among the debts was a claim by the heirs of Laney, deceased, for breach of a covenant of warranty in a deed by Harris to Laney.

Issue. What is the proper measure of damages for a breach of a covenant of warranty in a deed?
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