Legal Opinion

Jennings v. Kiernan

Oregon Supreme Court

Decided December 19, 1898PublishedCited by 9 opinions

From Multnomah: E. D. Shattuck, Judge. Action by I. A. Jennings and W. D. McIntosh against Frank and Agnes Kiernan to recover damages for the breach of a covenant of warranty. Plaintiffs had judgment, and defendants appeal. For appellants there was a brief and an oral argument by Mr. Edward Mendenhall. For respondents there was a brief and an oral argument by Mr. Michael Q. Munly.

1Opinion of the Court

Mr. Chiee Justice Wonverton

delivered the opinion.

Action upon a covenant of warranty. The complaint states, in substance, that on July 19, 1893, the defendants, in consideration of $1,200, attempted to convey by deed to plaintiffs certain premises situated in Multnomah County, Oregon, containing eighty acres, which deed contains the following covenant, viz.: “The grantors above named do covenant to and with I. A. Jennings and W. D. McIntosh, the above-named grantees, their heirs and assigns, that the above-granted premises are free from all incumbrances, and that we, our heirs, executors and…

2Cases cited21 opinions

  1. Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
  2. Holbrook v. . New Jersey Zinc Co.New York Court of Appeals · 1874
  3. Lamont v. . CheshireNew York Court of Appeals · 1875
  4. Houston v. TimmermanOregon Supreme Court · 1889
  5. Baker v. WoodwardOregon Supreme Court · 1884

16 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Kaston v. StoreyOregon Supreme Court · 1905
  2. DeShields v. BroadwaterCourt of Appeals of Maryland · 1995
  3. Hammond v. Oregon & California RailroadOregon Supreme Court · 1926
  4. Elliott v. ThompsonIdaho Supreme Court · 1941
  5. Robinson v. ScottOregon Supreme Court · 1916

4 more not listed; retrieve them via the Exa API.

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