Iowa Loan & Trust Co. v. Fullen
Missouri Court of Appeals
Error to Putnam Circuit Court. — Hon. Paris G. Stepp, Judge. (1) Pullen’s covenant that he was seized of an indefeasible estate in fee was a covenant of indemnity that runs with the land and a cause of action for the breach thereof is assignable. Upon the conceded facts plaintiff was assignee of defendant’s covenants and should have recovered. A sheriff’s or trustee’s deed is effectual as an assignment.
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Error to Putnam Circuit Court. — Hon. Paris G. Stepp, Judge. (1) Pullen’s covenant that he was seized of an indefeasible estate in fee was a covenant of indemnity that runs with the land and a cause of action for the breach thereof is assignable. Upon the conceded facts plaintiff was assignee of defendant’s covenants and should have recovered. A sheriff’s or trustee’s deed is effectual as an assignment. Bernard v. Duncan, 38 Mo. 170; Johnson v. Johnson, 170 Mo. 34. (2) It will be observed that the Fullens put Torrey in possession and that he and all subsequent grantees had possession until…
1Opinion of the CourtEllison, J.
Andrew J. Morgan owned a tract of land in Putnam county in 1866. He died in that year leaving several children, and Elizabeth S. Morgan as his widow, the latter becoming owner of a life estate in the land under the homestead law of 1863. Elizabeth afterwards married John Fullen, the defendant in this case. Elizabeth, afterwards, in 1889, sold the land to Jacob E. Torrey for $500, the deed being a general warranty with covenants of seizin, the defendant, her husband, joining in the deed and the covenants. Torrey, the grantee, obtained of plaintiff, a loan company in Iowa, a loan of $1,100, due…
2Cases cited7 opinions
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1856
- Allen v. KennedySupreme Court of Missouri · 1886
- Johnson v. JohnsonSupreme Court of Missouri · 1902
- Foote v. ClarkSupreme Court of Missouri · 1890
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3Cited by4 opinions
- Hemsath v. City of O'FallonMissouri Court of Appeals · 2008
- Baird v. HarrisMissouri Court of Appeals · 1927
- Solberg v. RobinsonSouth Dakota Supreme Court · 1914
- Commerce Trust Co. v. FouldsMissouri Court of Appeals · 1925