From Casetext: Smarter Legal Research

Chance v. Buxton

Circuit Court of Appeals, Fifth Circuit
Dec 5, 1947
164 F.2d 341 (5th Cir. 1947)

Opinion

No. 11959.

December 5, 1947.

Appeal from the District Court of the United States for the Southern District of Georgia; Frank M. Scarlett, Judge.

On petition for rehearing.

Petition denied.

For former opinion, see 163 F.2d 989.

Henry T. Chance, of Augusta, Ga., for appellant.

Dunbar Harrison, of Savannah, Ga., and J. Henry Howard, of Sylvania, Ga., for appellee.

Before SIBLEY, HOLMES, and LEE, Circuit Judges.


Mrs. West reserved no life estate or interest of any kind in her deed dated April 11, 1946, to appellant. It was the alleged liability of Mrs. West on her warranty in the deed by her to Julian A. Buxton, dated July 9, 1937, to which we referred when we said: "The consideration of the deed signed by her was love and affection plus the nominal sum of one dollar. Her contingent liability on the warranty, if any, is negligible and falls within the doctrine of de minimis."

The petition for rehearing is denied.


Summaries of

Chance v. Buxton

Circuit Court of Appeals, Fifth Circuit
Dec 5, 1947
164 F.2d 341 (5th Cir. 1947)
Case details for

Chance v. Buxton

Case Details

Full title:CHANCE v. BUXTON

Court:Circuit Court of Appeals, Fifth Circuit

Date published: Dec 5, 1947

Citations

164 F.2d 341 (5th Cir. 1947)

Citing Cases

Hook v. Hook Ackerman

In an action to cancel a cloud upon title a grantor with contingent liability has been held not to be an…

Faisao v. Tenorio

As Hermana deeded all her interest in the disputed portions of the property to the defendants, she was not…