Scott v. Twiss
Nebraska Supreme Court
Error to the district court of Richardson county. The opinion states the case. I. ■ At common law, a person could not convey property by covenant of seizin, without being in actual possession thereof; and hence that covenant run with the land and was a covenant for possession.
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Error to the district court of Richardson county. The opinion states the case. I. ■ At common law, a person could not convey property by covenant of seizin, without being in actual possession thereof; and hence that covenant run with the land and was a covenant for possession. This principle was supported by various acts of champerty in England, and in some of the states of this country, and by reason of which it was held by the courts in some states, that no action was maintainable before eviction. This principle has in terms been abrogated in this state. General Statutes, See. 31, ¶. 877.…
1Opinion of the CourtMaxwell, J.
The petition alleges that on the first, day of April, 1867, the defendant, Emma Twiss, sold and conveyed by deed in fee simple to the plaintiff the north half of section nineteen, town one, range eighteen east, in Eichardson county, and that she covenanted with said plaintiff that she was lawfully seized of said premises, that they were free from incumbrances, and that she had good right and lawful authority to sell and convey the same; that plaintiff paid, at the time of the purchase, the sum of three thousand dollars, and secured the balance, being one thousand, dollars, by a mortgage on…
2Cases cited2 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Beddoe's v. WadsworthNew York Supreme Court · 1839
3Cited by7 opinions
- Sessions v. IrwinNebraska Supreme Court · 1878
- Young v. FiggNebraska Supreme Court · 1904
- Hampton v. WebsterNebraska Supreme Court · 1898
- Leet v. GratzMissouri Court of Appeals · 1907
- Webb v. WheelerNebraska Supreme Court · 1908
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