Bliss Townsite Co. v. Morris-Roberts Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District of the State of Idaho, for Gooding County. Hon. Wm. A. Babcock, Judge. Action to recover damages for breach of covenant in a deed. Judgment for plaintiff.
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APPEAL from the District Court of the Fourth Judicial District of the State of Idaho, for Gooding County. Hon. Wm. A. Babcock, Judge. Action to recover damages for breach of covenant in a deed. Judgment for plaintiff. In the United States the covenant of seizin, and that of a good right to convey, are regarded as synonymous, the covenant of seizin being defined as an assurance by the grantor to the purchaser that such grantor has the very estate in quantity and quality which he purports to convey. (7 R. C. L., Covenants, sec. 45; Wetzel v. Rich Creek, 53 Ohio St. 62, 40 N. E. 1004 ; 2 Devlin…
1Opinion of the CourtRice, J.
This is an action to recover damages for breach of a covenant in a deed by which appellant conveyed certain property to a predecessor in interest of respondent. The description in the deed of the land conveyed reads as follows:
“The East half of the Southeast quarter of Section six in Township six South of Range thirteen East of the Boise Meridian in Idaho;
“Saving, excepting and reserving, however, from this conveyance the schoolhouse and one acre of ground upon which it is situated. Saving and excepting further such railroad right of way as was granted to Oregon Short Line Railway Company,…
2Cases cited2 opinions
- Aiken v. FranklinSupreme Court of Minnesota · 1889
- Council Improvement Co. v. Pacific & Idaho Northern Land & Improvement Co.Idaho Supreme Court · 1916
3Cited by1 opinion
- Elliott v. ThompsonIdaho Supreme Court · 1941