Quick v. Walker
Missouri Court of Appeals
Error to Holt Circuit Court. — How. William 0. Ellison, Judge. (1) The deeds all contain an assignment of tbe covenants, but whether they do or not, the covenants attach to and pass with the land, so that the present owner or party on whom the loss falls, though a purchaser at sheriff’s sale, may sue upon the covenants. Dickson v. Desire, 23 Mo. 151; Charles y. Smith, 23 Mo. 174. So may one holding under a quitclaim deed. 10 Mo. 203; 119 Mo. 280; 79 M'o..
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Error to Holt Circuit Court. — How. William 0. Ellison, Judge. (1) The deeds all contain an assignment of tbe covenants, but whether they do or not, the covenants attach to and pass with the land, so that the present owner or party on whom the loss falls, though a purchaser at sheriff’s sale, may sue upon the covenants. Dickson v. Desire, 23 Mo. 151; Charles y. Smith, 23 Mo. 174. So may one holding under a quitclaim deed. 10 Mo. 203; 119 Mo. 280; 79 M'o.. App. 248. When a grantor covenants that he is seized of an indefeasible estate, it is a future covenant and runs with the land. Tiedeman,…
1Opinion of the CourtJohnson, J.
Action to recover damages for breach of covenants of seizin and warranty' in a deed to real estate. The cause was tried by the court without the aid of a jury and plaintiff recovered judgment in the sum of $333.45, but being dissatisfied with the amount thereof, brought, the case here by writ of error.
In 1854, Daniel Hahn, the owner of seventy acres of land in Holt county, Missouri, conveyed an undivided half interest therein to his wife, Nancy Hahn. In 1866, Mrs. Hahn died intestate leaving children who were the fruit of her marriage with Daniel. In the following year, Mr. Hahn conveyed the…
2Cases cited17 opinions
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Harding v. LarkinIllinois Supreme Court · 1866
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1856
- Allen v. KennedySupreme Court of Missouri · 1886
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3Cited by3 opinions
- Groves v. First National Bank of ValparaisoIndiana Court of Appeals · 1988
- Pineland Mfg. Co. v. Guardian Trust Co.Missouri Court of Appeals · 1909
- Roark v. PullamMissouri Court of Appeals · 1921