Brown v. Young
Supreme Court of Iowa
Appeal from Polk Circuit Court. This was an action upon a covenant of warranty. The defendant demurred to the plaintiff’s petition. The court sustained the demurrer; and, the plaintiff electing to stand upon his petition, judgment was rendered against him for costs. He appeals. The opinion states the facts.
1Opinion of the Court
Adams, Ch. J.
The premises in question were at one time owned by Luna A. and Isaac Bates. While they were so owned, Ltína A. and Isaac Bates sold and conveyed to the Des Moines, Adel & Western Eailroad Company a right of way through the premises fora railroad. Afterwards judgment was rendered against Luna A. and Isaac Bates, and the premises were sold under execution, and the defendant, W. A. Young, became the purchaser, and obtained a sheriff’s deed. He then sold the premises to F. W. Bates by deed, with the following covenant: “I hereby covenant with the said F. W. Bates that I hold said…
2Cases cited1 opinion
- Jerald v. EllySupreme Court of Iowa · 1879
3Cited by24 opinions
- Whispell Foreign Cars, Inc. v. United StatesUnited States Court of Federal Claims · 2011
- Smith v. HallSupreme Court of Iowa · 1897
- Des Moines City Railway Co. v. City of Des MoinesSupreme Court of Iowa · 1916
- VanNess v. Royal Phosphate Co.Supreme Court of Florida · 1910
- Watkins v. Iowa Central Railway Co.Supreme Court of Iowa · 1904
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