Dun v. Dietrich
North Dakota Supreme Court
Appeal from District Court, Burleigh County; Winchester, J. Action by Finlay Dun, trustee of the North American Land Association (limited), against Joseph Dietrich and Nora Dietrich, to recover on the covenants in a deed against incumbrances. Judgment for defendants; plaintiff appeals.
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Appeal from District Court, Burleigh County; Winchester, J. Action by Finlay Dun, trustee of the North American Land Association (limited), against Joseph Dietrich and Nora Dietrich, to recover on the covenants in a deed against incumbrances. Judgment for defendants; plaintiff appeals. “From the use of the word “grant” in any 'conveyance, the following covenants and none other on the part of the grantor, are implied unless restrained by express terms contained in such conveyance, viz: That such estate is, at the time of the execution of such conveyance, free from incumbrances done, made or…
1Opinion of the CourtBartholomew, J.
In February, 1883, the defendants, who are husband and .wife, executed to plaintiff a deed to certain real estate in the city of Bismarck. Subsequently, plaintiff purchased a claim under a tax deed upon said premises. The tax deed was based upon a city tax for a sidewalk abutting the premises, which sidewalk was constructed prior to the execution of the deed from defendants to plaintiff, and while the defendant, Joseph Dietrich, was the. fee owner of the premises. This claim is brought upon the covenants against incumbrances in the deed from defendants to plaintiff, to recover the amount paid…
2Cases cited6 opinions
- Seitzinger ex rel. Drinkel v. WeaverSupreme Court of Pennsylvania · 1829
- Douglass v. LewisSupreme Court of the United States · 1889
- Alexander v. SchreiberSupreme Court of Missouri · 1847
- Finley v. SteeleIllinois Supreme Court · 1859
- Lundgreen v. StrattonWisconsin Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Harsin v. OmanWashington Supreme Court · 1912
- Smith v. GaubNorth Dakota Supreme Court · 1910
- Romkey v. BarnesNorth Dakota Supreme Court · 1942