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KINNEY v. MILLSAP

No. 7118.

71 F.2d 578 (1934)

KINNEY v. MILLSAP.

Circuit Court of Appeals, Fifth Circuit.

June 22, 1934.

Attorney(s) appearing for the Case

Horace C. Wilkinson, of Birmingham, Ala., and A. J. Harris, of Decatur, Ala., for appellant.

White E. Gibson, of Birmingham, Ala., for appellee.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

The action is for breach of covenants of warranty and against incumbrances in a deed Kinney made to plaintiff. The claim is that Pollak's successful assertion that Kinney's apparent title was only for the purposes of security, and that he held it subject to Pollak's right to redeem, had broken them. The defenses are that there has been no real eviction, and therefore no breach of the warranty covenant, and only a nominal breach of that against...

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