Stuhr v. Butterfield
Supreme Court of Iowa
Appeal from Fremont District Court. — Hon. C. D. Wheeler, Judge. Action on breach of warranty resulted in judgment against defendant, from which he appeals.
1DissentDeemer, J.
(dissenting). — I can not agree either to the reasoning or to the conclusion of the majority. The covenant in this case is a general one, and covers all incumbrances of whatsoever kind or character, and insures quiet enjoyment in the purchaser of all the land covered by the deed. Conceding arguendo that the covenant of seisin and of further assurance also embraced within the general warranty were not broken, although control and supervision of the land covered by the ditch passed for all time to the board of supervisors of the county (see sections 1989-a21 *744-a25-a40 of the Code Supplement),…
2Cases cited42 opinions
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Kutz v. McCuneWisconsin Supreme Court · 1868
- Mott v. . PalmerNew York Court of Appeals · 1848
- Quick v. TaylorIndiana Supreme Court · 1888
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