Sauner v. Dragoo

FULL TEXT

BY THE COURT.

The only question in this case is whether a certain covenant of general warranty in a deed executed by tenants in common is joint and several. It is our conception of the law that this question _ must be determined from the terms in which the covenant is expressed. Rawle on Covenants, p. 508. The covenant in this inquiry reads as follows:

“And the said Lewis S. Sauner, Ora C. Sauner, Alta E. Sauner and Malinda F. Sauner, for themselves and their heirs, executors and administrators, do hereby covenant with the said F. C. Dragoo, his heirs and assigns, that they are the…