Sexauer v. Wilson
Supreme Court of Iowa
Appeal from Polk District Court.— Hon. Hugi-i BbennaN, Judge. PlaiNtipp conveyed to John Wilson ten acres of land out of a half section then owned by him, and in the deed inserted this clause: “ The grantee herein further agrees to perpetually maintain a tight fence sufficient to stop hogs and all other live stock between said land described above and all property of the grantor herein adjacent thereto.”
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Appeal from Polk District Court.— Hon. Hugi-i BbennaN, Judge. PlaiNtipp conveyed to John Wilson ten acres of land out of a half section then owned by him, and in the deed inserted this clause: “ The grantee herein further agrees to perpetually maintain a tight fence sufficient to stop hogs and all other live stock between said land described above and all property of the grantor herein adjacent thereto.” No line fence then existed, but Wilson erected partition fences, as agreed, soon thereafter, and maintained them during his occupancy of the premises, from 1889 until 1904, when he conveyed…
1Opinion of the CourtLadd, J.
1. Covenants with land* ínahftTfedí0 visionfence. The testimony of plaintiff failed to show the existence of a division fence at the time the deed was executed by him to Wilson containing the latter’s w agreement to perpetually maintain a tight fence sufficient to stop hogs and all other livestock between the land above described and' all property of the grantor herein adjacent thereto.” This *359being so, the subject of the covenant was not in esse,, and, as the clause does not indicate by the use of the word “ assigns ” that the grantee’s successors in interest are to be bound, appellees…
2Cases cited22 opinions
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Midland Railway Co. v. FisherIndiana Supreme Court · 1890
- Hartung v. WitteWisconsin Supreme Court · 1884
- Hazlett v. SinclairIndiana Supreme Court · 1881
- Fitch v. JohnsonIllinois Supreme Court · 1882
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3Cited by33 opinions
- Neal v. JeffersonMassachusetts Supreme Judicial Court · 1912
- Murphy v. KerrDistrict Court, D. New Mexico · 1923
- Johnson v. RobertsonSupreme Court of Iowa · 1912
- Walker v. City of RichmondCourt of Appeals of Kentucky · 1916
- Purvis v. ShumanIllinois Supreme Court · 1916
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