Horrigan v. Rice
Supreme Court of Minnesota
This action was brought in the district court for Ramsey county for alleged breach of a covenant of seizin in a deed from defendants to plaintiff, and was tried, without a jury, by Brill, J., who ordered judgment for defendants, from which judgment the plaintiff appeals.
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This action was brought in the district court for Ramsey county for alleged breach of a covenant of seizin in a deed from defendants to plaintiff, and was tried, without a jury, by Brill, J., who ordered judgment for defendants, from which judgment the plaintiff appeals. The court found that by the deed in question the defendants conveyed to plaintiff, with covenant of seizin, lot 9, in block 2, in a certain addition, according to the plat, etc.; that the plat shows the lot to be of a width throughout of 50 feet; but at the time of the execution and delivery of the deed the defendants owned a…
1Opinion of the CourtMitchell, J.
Where, at the time of the conveyance, the purchaser has in himself the valid title to the premises, he cannot sue on the covenants it contains, for they only extend to a title existing in a third person which may defeat the estate granted by the covenantor. They do not embrace a title already vested in the covenantee. “It mever can be permitted to a person to accept a deed with covenants of seizin, and then turn round upon his grantor, and allege that his covenant is broken, for that, at the time he accepted the deed, he himself was seized of the premises.” Fitch v. Baldwin, 17 John. 161;…
2Cases cited2 opinions
- Fitch v. BaldwinNew York Supreme Court · 1819
- Furness v. WilliamsIllinois Supreme Court · 1849
3Cited by3 opinions
- H. Weston Lumber Co. v. Lacey Lumber Co.Mississippi Supreme Court · 1920
- Youngerman-Reynolds Hardwood Co. v. HicksSupreme Court of Alabama · 1938
- Holt v. RuleauSupreme Court of Vermont · 1910