Godwin v. Maxwell

• Decision Date: 15 December 1898
• Citation: 32 S.E. 114,106 Ga. 194
• Parties: GODWIN v. MAXWELL.
• Court: Georgia Supreme Court

32 S.E. 114

106 Ga. 194

GODWIN v. MAXWELL.

Supreme Court of Georgia

December 15, 1898

Syllabus by the Court.

1. Where one, by warranty deed, conveys to another all of a certain lot of land in this state, particularly designating the same by number and district, the vendor is liable on his warranty for any fatal defect in his title to any portion of such lot; and this is true notwithstanding the line between such vendor and a coterminous landowner may have previously been so established or agreed upon as to locate the line in such a way that there was cut off to the adjacent landowner a portion of the lot embraced in the warranty deed.

2. Under the facts in this case, there was no error in giving in charge to the jury sections 3614 and 3615 of the Civil Code.

Error from superior court, Mitchell county; D. H. Pope, Judge pro hac.

Action by J. H. Maxwell against A. Godwin. Judgment for plaintiff. Defendant brings error. Affirmed.

J. H Scaife, Donalson & Hawes, and Harrison & Bryan, for plaintiff in error.

Sam. S Bennet, for defendant in error.

SIMMONS C.J.

Godwin sold to Maxwell lot of land No. 143 of the Eleventh district of Mitchell county, containing 250 acres, more or less. The agreement was that Maxwell should borrow from Chason the money necessary to pay for the land, and that the deed was to be made by Godwin to Chason, who would quitclaim to Maxwell upon the repayment of this money. Godwin made to Chason a warranty deed to the land. Maxwell repaid Chason, and the latter gave Maxwell a quitclaim deed. Maxwell went into possession, and ascertained that some 20 acres of the land were in the possession of Mrs. McElvin. Processioners were appointed to run the line between Maxwell and Mrs. McElvin and it appeared from their report that Maxwell was entitled to the 20 acres. This report was objected to by Mrs. McElvin, and, on the trial of the objections, the jury found that a new line had been agreed upon by the prior coterminous proprietors, Godwin and McElvin, and established as the true line between the two tracts of land. This line was so established by the jury, or the judgment of the court upon their verdict, and Maxwell's land was thereby diminished by 20 acres. Godwin had knowledge of this proceeding. Maxwell brought his suit against Godwin for a breach of warranty. On the trial of the case, there was a dispute between Maxwell and Godwin as to the line pointed out to Maxwell by Godwin, pending negotiations for the purchase of the land by the former. The jury, under the evidence and the charge of the court, found that there was a breach of the warranty, and assessed damages against Godwin. He made a motion for a new trial. This the court overruled, and Godwin excepted.

The main contention of counsel for the plaintiff in error was that the trial judge erred in giving in charge to the jury sections 3614 and 3615 of the Civil Code, which are as follows: "A general warranty of title against the claims of all persons, includes in itself covenants of a right to sell, and of quiet enjoyment and of freedom from incumbrances." "A general warranty of title in a deed against the claims of all persons, covers defects in the title though known to the purchaser at the time of...