Dale v. Shively
Supreme Court of Kansas
Error from Miami District Oowrt. Action brought by defendant in error against Samuel Dale and Ma/ry Dale, to recover damages for an alleged breach of a covenant of seisin in a deed of conveyance executed by the Dales. The case was tried at the December Term, 1870, before E. B. M., judge pro tern. The facts and the controverted questions are fully set forth in the opinion.
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Error from Miami District Oowrt. Action brought by defendant in error against Samuel Dale and Ma/ry Dale, to recover damages for an alleged breach of a covenant of seisin in a deed of conveyance executed by the Dales. The case was tried at the December Term, 1870, before E. B. M., judge pro tern. The facts and the controverted questions are fully set forth in the opinion. The plaintiff’ Shwely, had judgment for $1,020.50, and the Dales bring the case here on error. 1. There was no breach of the covenant of seisin. The Dales had peaceable and undisputed possession, and they delivered such…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Nancy Shively recovered a judgment against Samuel Dale and Mary Dale for the sum of $1,020.50 for breach of covenants in a deed of real estate from them to her. They now seek to reverse that judgment. Two questions are presented: 1st, Were the covenants in the deed broken? and 2d, If broken, what was the measure of damages?
í.^ovenant^oí broken. I. The deed is attached to and made a part of the petition, and its execution admitted in the answer. The covenants in it are, “ that they (grantors) are lawfully seized of the premises aforesaid, and…
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