Woodard v. . Ramsay

Supreme Court of North Carolina

Woodard v. . Ramsay

9 N.C. 335

DecidedJune 5, 1823

StatusPublished

This text of 9 N.C. 335 (Woodard v. . Ramsay) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Woodard v. . Ramsay, 9 N.C. 335 (N.C. 1823).

Pincite

Opinion

*336 Hall, Judge.

I think in the present case, the, Plain tiff cannot recover. The Defendant has not entered into a covenant for seisin, in which case an action no doubt would lie, in case the Defendant had no title in the land when he conveyed it, or attempted to convey it. The present action is brought upon a covenant e< to warrant and defend the right, title and property against the daim of any person or persons whatsoever.” It is not alleged that any claim has been made, or that the Plaintiff has been in any respect disturbed in his possession. I therefore think tiiat the rule for a new trial should be discharged.

The other fudges concurred.

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*336 Hall, Judge.

I think in the present case, the, Plain tiff cannot recover. The Defendant has not entered into a covenant for seisin, in which case an action no doubt would lie, in case the Defendant had no title in the land when he conveyed it, or attempted to convey it. The present action is brought upon a covenant e< to warrant and defend the right, title and property against the daim of any person or persons whatsoever.” It is not alleged that any claim has been made, or that the Plaintiff has been in any respect disturbed in his possession. I therefore think tiiat the rule for a new trial should be discharged.

The other fudges concurred.

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Bluebook (online)

9 N.C. 335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodard-v-ramsay-nc-1823.