Mills v. Rice
Nebraska Supreme Court
This was an action of covenant. To the petition, the defendant interposed a general demurrer which was sustained by the district court of Nemeha county. The cause was then brought here by petition in error. The case is fully stated in the opinion of the court.
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This was an action of covenant. To the petition, the defendant interposed a general demurrer which was sustained by the district court of Nemeha county. The cause was then brought here by petition in error. The case is fully stated in the opinion of the court. Mills, who was plaintiff in the district court, was plaintiff in error here. contended: T. The general common law rule in assigning breach of covenant, is to negative the covenant. 1 Ohitty’s Pleádimg, 332, 333. Jones Gounty v. Sales, 25 Iowa, 27. II. The covenant against incumbrances is broken, if at all, as soon as made; and action…
1Opinion of the CourtGantt, J.
The petition states that the defendant for the consideration mentioned in the deed, sold and conveyed in fee-simple to the plaintiff, lot eight in block eight, in a certain addition to the town of Kankakee in the state of Illinois, and covenanted to the plaintiff, that he was seized in fee of the premises; that he had a good right to convey the same; that said premises were free from all incumbrances; that the said plaintiff should quietly enjoy the same, and that the defendant and his heirs, executors and •administrators would forever warrant and defend the title to the said premises against…
2Cases cited1 opinion
- Lewis v. Intendant & Town Council of GainesvilleSupreme Court of Alabama · 1844
3Cited by5 opinions
- Chestnut v. TysonSupreme Court of Alabama · 1894
- Eyers v. Burbank Co.Washington Supreme Court · 1917
- Caldwell v. City of LincolnNebraska Supreme Court · 1886
- Hampton v. WebsterNebraska Supreme Court · 1898
- Bedell v. ChristySupreme Court of Kansas · 1901