Kellogg v. Malin
Supreme Court of Missouri
Error to Buchanan Circuit Coitrt. I. The suit was correctly brought upon the covenant o£ seizin, and not upon the covenant against encumbrances. Not only does the demurrer admit the vesting of the fee simple in the Platte County Railroad, but a reference to the charter of the company will show that the power-of condemnation of the fee was granted to the company, and that company was of unlimited duration. (Sess.
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Error to Buchanan Circuit Coitrt. I. The suit was correctly brought upon the covenant o£ seizin, and not upon the covenant against encumbrances. Not only does the demurrer admit the vesting of the fee simple in the Platte County Railroad, but a reference to the charter of the company will show that the power-of condemnation of the fee was granted to the company, and that company was of unlimited duration. (Sess. Acts 1853, p. 355, §§ 1, 9.) The Legislature, in exercising the right of eminent domain or in granting its exercise, has the right to take the fee simple’as well as a less interest,…
1Opinion of the CourtWagner, Judge
Plaintiff brought suit against defendant, upon his covenant of seizin contained in a deed conveying certain real estate situated in Platte county. The breach assigned was that at the time of the execution and delivery of the deed the defendant was not séized in fee simple of a strip of land 100 feet wide running through the tract conveyed, but that the fee in such strip was then vested in the Platte County Railroad, by virtue of a decree rendered in the Circuit Court previous to the execution and delivery of defendant’s deed, of which the company, at all times since the delivery of the deed,…
2Cases cited9 opinions
- Peck v. SmithSupreme Court of Connecticut · 1814
- Van Wagner v. NostrandSupreme Court of Iowa · 1865
- Whitbeck v. CookNew York Supreme Court · 1818
- Cortelyou v. Van BrundtNew York Supreme Court · 1807
- Beach v. MillerIllinois Supreme Court · 1869
4 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- Brown v. WeareSupreme Court of Missouri · 1941
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Abercrombie v. SimmonsSupreme Court of Kansas · 1905
- Copeland v. McAdorySupreme Court of Alabama · 1892
54 more not listed; retrieve them via the Exa API.