Security Bank v. Holmes
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for St. Louis county, Moer, J., sustaining a demurrer to the complaint. Covenants of seisin and against incumbrances in most states are held to be covenants in prmsenti, and do not run with the land. In Maine, Colorado, and Georgia statutes declare that the covenants against incumbrances shall run with the land, and vest in the assigns of the covenantee.
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Appeal by plaintiff from an order of the district court for St. Louis county, Moer, J., sustaining a demurrer to the complaint. Covenants of seisin and against incumbrances in most states are held to be covenants in prmsenti, and do not run with the land. In Maine, Colorado, and Georgia statutes declare that the covenants against incumbrances shall run with the land, and vest in the assigns of the covenantee. The same result has been obtained in New York, Ohio, Minnesota, and other states, by establishing a rule that every action must be prosecuted in the name of the real party in interest.…
1Opinion of the CourtStart, C. J.
The defendants, on August 31, 1889, executed and delivered to the W. B. Clark Investment Company a mortgage containing the usual covenants, including one against incumbrances, on certain real estate in the city of Fergus Falls in this state. On March 19, 1890, this mortgage was duly assigned to the plaintiff, and was afterwards foreclosed by action, and the premises sold to the plaintiff, and on January 31, 1893, a final decree was entered in the action vesting the title thereto in the plaintiff. At the time this mortgage was executed by the defendants, the premises therein described were…
2Cases cited9 opinions
- Hoyt Post v. CampauMichigan Supreme Court · 1879
- Kimball v. BryantSupreme Court of Minnesota · 1879
- Knadler v. SharpSupreme Court of Iowa · 1873
- First National Bank v. Security BankSupreme Court of Minnesota · 1895
- Lawton v. St. Paul Permanent Loan Co.Supreme Court of Minnesota · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Brinton v. JohnsonIdaho Supreme Court · 1922
- Kooda Bros. Construction, Inc. v. United Federal Savings & Loan Ass'n of AlexandriaCourt of Appeals of Minnesota · 1987
- Allis v. FoleySupreme Court of Minnesota · 1914
- Wood v. Pacific Surety Co.Supreme Court of Minnesota · 1912
- Business Women's Holding Co. v. Farmers & Mechanics Savings BankSupreme Court of Minnesota · 1935
5 more not listed; retrieve them via the Exa API.