Allen v. Kennedy
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) Defendant’s instruction, in the nature of a de- > murrer to the evidence, should have been given. The., only covenant alleged to have been broken, is that of, seisin.
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Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) Defendant’s instruction, in the nature of a de- > murrer to the evidence, should have been given. The., only covenant alleged to have been broken, is that of, seisin. A covenant of seisin is a personal covenant in the. present tense, and, if broken at all, is broken the moment of its creation, and is immediately converted into a mere chose in action, which is incapable of running with the land, and which can be taken advantage of only by the covenantee, or his personal representative, and neither pass to an heir, a devisee, nor…
1Opinion of the CourtBlack, J.
On the fifth day of May, 1875, the defendant conveyed the forty acres of land in question to Patterson, by a deed containing the statutory words “grant, bargain, and sell,” and also a covenant of general warranty. On the twelfth of September, 1878, Patterson, by a like deed, conveyed the same land to plaintiff. Plaintiff brings this suit for damages on the covenants in the deed to Patterson.
1. There is a question made as to whether the petition declares on the covenants of seisin only, or on that and the covenant of warranty. The petition' is very carelessly prepared, but we think it shows a…
2Cases cited8 opinions
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1856
- Fontaine v. Boatmens' Savings InstitutionSupreme Court of Missouri · 1874
- Fine v. St. Louis Public SchoolsSupreme Court of Missouri · 1860
- Kimball v. BryantSupreme Court of Minnesota · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Coleman v. LucksingerSupreme Court of Missouri · 1909
- Catron v. Scarritt Collegiate InstituteSupreme Court of Missouri · 1915
- Breeden v. Frankford Marine, Accident & Plate Glass InsuranceSupreme Court of Missouri · 1909
- Johnson v. JohnsonSupreme Court of Missouri · 1902
- Anderson v. ColeSupreme Court of Missouri · 1911
25 more not listed; retrieve them via the Exa API.