Hall v. Bray
Supreme Court of Missouri
Appeal from, Jasper Common Pleas Court. I. If a covenantee surrenders to one having a paramount title after the person holding the paramount title has hostilely asserted the same, he may maintain his action on the covenant in the deed but if he does so without actual eviction he takes on himself the burthen of proof that the covenantor at the date of the deed had no title, and this he must prove affirmatively. It is not enough that he show title in another person.
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Appeal from, Jasper Common Pleas Court. I. If a covenantee surrenders to one having a paramount title after the person holding the paramount title has hostilely asserted the same, he may maintain his action on the covenant in the deed but if he does so without actual eviction he takes on himself the burthen of proof that the covenantor at the date of the deed had no title, and this he must prove affirmatively. It is not enough that he show title in another person. (Bawle on Cov. of Title, 3d. Ed., § 249-50-51; lb., 265 ; More vs. Yail, 17 111., 190 ; Loomis vs. Bedell, 11 N. IT., 74 ; Turner…
1Opinion of the CourtVories, Judge
This action was brought by Hall against Bray to recover damages for the breach of the covenant of seizin, created by the words u grant, bargain and sell,” contained in a deed executed by Bray to Hall, the plaintiff, on the 4th day of February, 1868, conveying to Hall a tract or lot of land described as lot numbered ten, in the town of Carthage in Jasper county, Missouri.. The breach assigned in the petition is “ that at the time'of the execution and delivery of the deed, the defendant was not seized of an indefeasable estate in said lot; that one Ethelbert Blight held an outstanding and…
2Cases cited5 opinions
- Gentile v. StateIndiana Supreme Court · 1868
- State ex rel. Henderson v. County CourtSupreme Court of Missouri · 1872
- Thomas v. Board of CommissionersIndiana Supreme Court · 1854
- Lawless v. Collier's ExecutorsSupreme Court of Missouri · 1854
- State v. Fortune & HannanSupreme Court of Missouri · 1847
3Cited by8 opinions
- State ex rel. City of Terre Haute v. KolsemIndiana Supreme Court · 1891
- State Ex Rel. Smith v. BrownSupreme Court of Oklahoma · 1909
- Ensworth v. CurdSupreme Court of Missouri · 1878
- Lambert v. EstesSupreme Court of Missouri · 1889
- Egan v. MartinMissouri Court of Appeals · 1897
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