Vancourt v. Moore
Supreme Court of Missouri
Appeal from St. Louis Land Court. In tbe year 1843, George M. Moore made a deed of conveyance, with covenants of indefeasible seizin and of warranty, of certain real estate to one Ashford. In 1845 Ash-ford conveyed with like covenants to one Warren. In 1848 a proceeding was commenced in the St. Louis Circuit Court by A. and B. J. Yancourt to obtain a decree for the specific performance of an agreement made by said Warren to convey said real estate to said Yancourts.
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Appeal from St. Louis Land Court. In tbe year 1843, George M. Moore made a deed of conveyance, with covenants of indefeasible seizin and of warranty, of certain real estate to one Ashford. In 1845 Ash-ford conveyed with like covenants to one Warren. In 1848 a proceeding was commenced in the St. Louis Circuit Court by A. and B. J. Yancourt to obtain a decree for the specific performance of an agreement made by said Warren to convey said real estate to said Yancourts. This proceeding resulted in a decree of said circuit court, at its April term, 1853, by which it was “ ordered, adjudged and…
1Opinion of the Court
Scott, Judge.
The fourth section of the act concerning conveyances empowers any person claiming title to any real estate, notwithstanding there may be an adverse possession thereof, to sell and convey his interest therein in the same manner and with the like effect as if he was in the actual possession. It is conceived that this provision does away with that rule of the common law which required a grantor of land to be seized thereof, when he makes his. deed of conveyance, in order that his covenant of warranty may attach to and run with the land. This section was introduced to enable persons…
2Cited by8 opinions
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- Allis v. FoleySupreme Court of Minnesota · 1914
- Jones v. WhitsettSupreme Court of Missouri · 1883
- Morrow v. BairdTennessee Supreme Court · 1904
- Colver v. McInturffSupreme Court of Kansas · 1923
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