Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 125

Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 125

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...tending to show a rescission of the gift, were incompetent, on the ground that at the time of the making of the declaration the donor was not the owner of the thing given (the land), and that he could not by parol declaration relieve the donee of a charge for advancement. And it was'held, further, that to so much of the land as the parol donee held and occupied by actual inclosure and claimed adversely in the lifetime of his father, under the gift, for a period of even years, the donee had acquired a possessory right, and should account for at the estimated value of the land at the time of the'gift. We think the word "void" was inadvertently used in the opinion, and that "voidable" was the word which would have expressed the real meaning of the court and the learned author of the opinion. Now and finally under our construction of the statute, on which this suit is based, the donor and testator, Patrick Henry, was not seized or possessed of the estate in the land devised to the defendant at the time of his death within the meaning of the act. Under our decisions, a covenant of seizin in a deed for land is an assurance to the purchaser that the vend.or has the very estate, in quantity and quality, which he purports to convey. It imports, and seizin in law exacts, a perfect title, and is not fulfilled by a transfer to the purchaser of an actual seizin. Kinoa.z'd 'V. Brittain, 5 Sneed, 120; Kenney V. Norton, 10-Heisk., 387; Matte v. Dow, 9 Lea, 97; Williams V. Burg, 9 Lea, 459. Prior to his death the testator had given the land in question to defendant, had surrendered to defendant possession of it, and had acknowledged defendant to be the owner of it. After doing this, had the testator conveyed this land to a...show more

Product details

  • Paperback | 212 pages
  • 189 x 246 x 11mm | 386g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236907760
  • 9781236907769