Deason v. Findley
Alabama Supreme Court
40 So. 220 (1906)
Relevant factsFree
Findley (defendant) conveyed property to Robertson with a covenant of warranty and quiet enjoyment running with the land; Moore later obtained title to the property through adverse possession against Robertson, and Deason (plaintiff) subsequently obtained title from Moore. When Deason sued Findley for breach of the covenant of warranty, the trial court ruled for Findley, and Deason appealed.
IssueFree
Whether, to enforce against the grantor a covenant that runs with the land, a possessor of land must have privity of estate with the original grantee.