{
  "id": 8694824,
  "name": "Alexander S. Martin v. Robert Martin",
  "name_abbreviation": "Martin v. Martin",
  "decision_date": "1828-06",
  "docket_number": "",
  "first_page": "413",
  "last_page": "415",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Dev. 413"
    },
    {
      "type": "official",
      "cite": "12 N.C. 413"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T19:44:07.907129+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Alexander S. Martin v. Robert Martin."
    ],
    "opinions": [
      {
        "text": "Haii., Judge.\nIt is true in this case, that the Plaintiff had notice of Overton\u2019s claim to the land; but the Defendant had a much better knowledge of its nature.\u2014 It is not very likely, that if the Plaintiff had a full knowledge of the extent of the claim, he would have laid out his money in the purchase. But if the Defendant, with the knowledge he had, thinks proper to sell the land, warrant the title of it, and receive the purchase money, it is then but just, that when the Plaintiff lost the land, in consequence of the Defendant\u2019s having contracted to sell it to Overton, that he should refund the purchase money with interest, as the Judge,, in my opinion, very properly instructed the Jury.\nIt is true the Defendant conveyed the legal title to the Plaintiff, but he conveyed it subject to Overton\u2019s equity, and the decree, by which he lost it, was tantamount to an eviction by process of law. 1 think the rule for a new trial should' be discharged.\nPer Curiam. \u2014 Judgment affirmed.",
        "type": "majority",
        "author": "Haii., Judge."
      }
    ],
    "attorneys": [
      "No Counsel appeared for either patry in this Court."
    ],
    "corrections": "",
    "head_matter": "Alexander S. Martin v. Robert Martin.\nFrom Rockingham.\nA decree in Equity, directing a Defendant to execute a deed and de liver possession of land, is a breach of a'covenant for quiet enjoyment, and the fact that the decree is founded on notice to him when he purchased, of an equity in the land, does not bar his action.\nThis was an action brought upon the covenant of quiet enjoyment, contained in a deed of bargain and sale executed fay the Defendant and - another to the Plaintiff, which was as follows ; \u201c and we the said Robert-Marlin, &c. do warrant unto the said Alexander 8. Martin, his heirs, &c. the aforesaid land, against the claim or claims of any person whatsoever.\u201d\nOn the tria!, the Plaintiff produced a bill in equity filed by one Thomas Overton, against the. Plaintiff and _ \u201e , , , , , 0 \u201e , Deteudant, whereby iie prayed a conveyance ot (he same Jan^ 0\u201e the ground of a prior contract for the sale of it by the present Defendant to him, upon which he had paid a part of the purchase money : and also a decree in that suit by which be (the Plaintiff) was directed to convey the bargained and sold premises, and give possession thereof to Overton. It appeared from the Plaintiff\u2019s answer to Overton\u2019s bill, and from testimony in this cause, that lie had-full notice of Overton\u2019s equity, when he received the deed, which contained the covenant on which this suit was brought.\nThe Counsel for the Defendant, requested the Judge to instruct the Jury, that if they believed the Plaintiff had notice of Overton\u2019s equity, when he purchased, he was only entitled to nominal damages. But his Honor Judge Baniei, refused to give these instructions, on the contrary, he informed the Jury that the decree was equivalent to an eviction under a judgment in ejectment, and that the Plaintiff was entitled to a verdict for his purchase money, with interest from the time he surrendered ,the possession, in obedience to the decree.\nA verdict being returned according to the charge, the Defendant appealed.\nNo Counsel appeared for either patry in this Court."
  },
  "file_name": "0413-01",
  "first_page_order": 413,
  "last_page_order": 415
}