Ogden v. Ball
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Hennepin county, to recover damages for an alleged breach of covenants of seizin and warranty. The action was tried by Lochren, J., without a jury, and judgment directed for plaintiff for nominal damages.
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Plaintiff brought this action in the district court for Hennepin county, to recover damages for an alleged breach of covenants of seizin and warranty. The action was tried by Lochren, J., without a jury, and judgment directed for plaintiff for nominal damages. The' facts, as admitted or found by the court, were in substance as follows: On April 20, 1882, the defendants, in consideration of $700 to them paid by the plaintiff, sold to the plaintiff a certain lot of land and made and delivered to her their deed therefor, containing the usual covenants of seizin in fee, good right to convey, for…
1Opinion of the CourtCollins, J.
We have here but one question for consideration, — the measure of damages in an action upon a conceded breach of a covenant of seizin, where the grantee in the deed has taken, possession of the premises in good faith, made valuable improvements, and actually occupied the same unmolested by the owner of the paramount title. The defendant grantors were never in possession, and, as has been seen, no real injury has been sustained by the plaintiff grantee.
In Kimball v. Bryant, 25 Minn. 496, this court held that the covenant of seizin is personal; that the breach, if any, is instantaneous upon…
2Cases cited6 opinions
- Hartford & Salisbury Ore Co. v. MillerSupreme Court of Connecticut · 1874
- Kimball v. BryantSupreme Court of Minnesota · 1879
- Smith v. HughesWisconsin Supreme Court · 1880
- Cockrell v. ProctorSupreme Court of Missouri · 1877
- Hencke v. JohnsonSupreme Court of Iowa · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Geo. Benz & Sons v. HassieSupreme Court of Minnesota · 1940
- Ogden v. BallSupreme Court of Minnesota · 1889
- Smith v. DavisSupreme Court of Kansas · 1890
- Anderson v. OlsonNorth Dakota Supreme Court · 1935
- Huntsman v. HendricksSupreme Court of Minnesota · 1890
2 more not listed; retrieve them via the Exa API.