Clark v. Fisher
Supreme Court of Kansas
Error from, Franklin District Court. On the 28th of February, 1889, Amos B. Clark brought his action against R. E. Fisher and Jennie Fisher to recover $350, with interest from the 2d of May, 1887, on the covenant against incumbrances set out in a deed executed the 1st of April, 1887, by the defendants to him.
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Error from, Franklin District Court. On the 28th of February, 1889, Amos B. Clark brought his action against R. E. Fisher and Jennie Fisher to recover $350, with interest from the 2d of May, 1887, on the covenant against incumbrances set out in a deed executed the 1st of April, 1887, by the defendants to him. The recitations of the deed necessary to be referred to are as follows: “ The said R. E. Fisher and Jennie Fisher do hereby covenant and agree, that at the delivery hereof they are the lawful owners of the premises above granted, and seized of a good and indefeasible estate of…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
1. caueflnttime
2. Lease The plaintiff obtained his deed from the defendants on the 1st of April, 1887; this contained a covenant against incumbrances. At the time of the conveyance the land was in the possession of J. A. Dent, the tenant of R. E. Fisher. Under the terms of this lease, he was to yield possession on 30 days’ notice in case of a sale by Fisher, with the privilege of harvesting and removing a crop of wheat upon 60 acres of the land. Under the terms of the lease, Dent was to harvest and deliver to Fisher one-third of the wheat…
2Cases cited5 opinions
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Beach v. MillerIllinois Supreme Court · 1869
- Chapman v. VeachSupreme Court of Kansas · 1884
- Smith v. DavisSupreme Court of Kansas · 1890
- Smith v. LeightonSupreme Court of Kansas · 1888
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