Legal Opinion

Blanchard v. Haseltine

Missouri Court of Appeals

Decided March 7, 1899PublishedCited by 1 opinion

Appeal from the Greene Circuit Court. — Hon. G-. A. Watson, Special Judge. Tbe statutory, covenants implied by tbe words “grant, bargain and sell” are tbe same in a deed of trust as in a warranty deed. Oockrill v. Bane, 94 Mo. 444; Boyd v. Haseltine, 110 Mo. 203-207. Covenants of seizin and against incumbrances run witb tbe land in tbis state, and plaintiff bad a right to sue, and should have recovered on tbe covenants of seizin as well as against incumbrances.

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Appeal from the Greene Circuit Court. — Hon. G-. A. Watson, Special Judge. Tbe statutory, covenants implied by tbe words “grant, bargain and sell” are tbe same in a deed of trust as in a warranty deed. Oockrill v. Bane, 94 Mo. 444; Boyd v. Haseltine, 110 Mo. 203-207. Covenants of seizin and against incumbrances run witb tbe land in tbis state, and plaintiff bad a right to sue, and should have recovered on tbe covenants of seizin as well as against incumbrances. Tbe right of action is assignable. Allen v. Kennedy, 91 Mo. 324; Dicksen v. Desire, 23 Mo. 151; Chambers v. Smith, 23 Mo. 174;…

1Opinion of the CourtBond, J.

In 1890 defendants executed a deed of trust upon sixty-two and one-Jialf acres of land to secure $3,000, then borrowed by them from O. S. Blanchard. Twenty acres of the land thus conveyed were previously encumbered by a trust deed, which was foreclosed in 1894 by sale to Norah O. McDaniel. The second deed of trust was foreclosed, and plaintiff who had become the assignee of the note secured thereby purchased the property described in the deed of trust. For failure of title to the twenty acres sold under the preceding deed of trust, she brings the present action upon the covenants implied from…

2Cases cited3 opinions

  1. Ewing v. ShannahanSupreme Court of Missouri · 1892
  2. Kellogg v. MalinSupreme Court of Missouri · 1876
  3. McCullock v. HolmesSupreme Court of Missouri · 1892

3Cited by1 opinion

  1. Baird v. HarrisMissouri Court of Appeals · 1927

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