Yokum v. Thomas
Supreme Court of Iowa
Appeal from Keokuk District Court. This is an action upon the covenants of a deed made by defendant to plaintiff. The grantor in the deed covenanted that he is lawfully seised; that he has a good right to convey ; that the premises are free from incumbrances; and that he will warrant and defend.
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Appeal from Keokuk District Court. This is an action upon the covenants of a deed made by defendant to plaintiff. The grantor in the deed covenanted that he is lawfully seised; that he has a good right to convey ; that the premises are free from incumbrances; and that he will warrant and defend. The facts found by the Court are, in substance, that the land was entered with a land warrant by defendant; that he conveyed to plaintiff; that afterwards one Maria De Kraft obtained from defendant, by fraud, an assignment of said location and warrant, and upon such assignment the said Maria De Kraft…
1Opinion of the Court
Baldwin, Ch. J.
It is true as claimed by complainant that when Maria De Kraft obtained the patent from the "United States, the legal title was vested in her, and upon this title she could have brought her action of right, and, notwithstanding the paramount equities of- the plaintiff, could have obtained a judgment- evicting him from the premises.
The covenants in the deed of defendant were broken, but the question then arises whether he could remove such superior title by purchase, or file this bill in equity to have the same set aside, without first, having called upon the warrantor to do so ?…
2Cited by10 opinions
- Meservey v. SnellSupreme Court of Iowa · 1895
- Richards & Comstock v. FredricksonSupreme Court of Iowa · 1915
- Alexander v. StaleySupreme Court of Iowa · 1900
- Long v. WheelerMissouri Court of Appeals · 1900
- Smith v. KeeleySupreme Court of Iowa · 1910
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