Boon v. McHenry
Supreme Court of Iowa
Appeal from Harrison District Court. This is an action upon an alleged breach of the covenants of seizin in -a conveyance of certain real estate. The answer alleges that at the date of the deed from the defendants to plaintiff they were the unqualified owners of the premises described, and that plaintiff, since the date of the deed, has been in the actual and undisturbed possession of the premises described. The cause was tried to the court.
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Appeal from Harrison District Court. This is an action upon an alleged breach of the covenants of seizin in -a conveyance of certain real estate. The answer alleges that at the date of the deed from the defendants to plaintiff they were the unqualified owners of the premises described, and that plaintiff, since the date of the deed, has been in the actual and undisturbed possession of the premises described. The cause was tried to the court. The court found that there had been a technical breach of the covenant of seizin, and awarded the plaintiff one dollar as nominal damages. The plaintiff…
1Opinion of the CourtDay, J.
1. VENDOR taeaciiUo£0e: measuraof damages. — The defendants assumed the burden of establishing the allegation of their answer, that at the date of the conveyance to plaintiff they were the unqualified 17 x 17 u owners ^ie premises conveyed, and to sui> P°U the allegation introduced the following evidence;
1. ‘Book of original entries, showing the land in dispute to have been patented to David Imlay.
2. Record of warranty deed from David Imlay to Daniel B. Easley, dated February 24, 1858.
3. Original deed of Malvina Easley, by her attorney in *203fact, W. H. Herry, to Lewis Purcell. This deed recites…
2Cases cited2 opinions
- Schofield v. Iowa Homestead Co.Supreme Court of Iowa · 1871
- Nosler v. HuntSupreme Court of Iowa · 1865
3Cited by7 opinions
- McNair v. SockriterSupreme Court of Iowa · 1924
- Foshay v. ShaferSupreme Court of Iowa · 1902
- Christenson v. PetersonSupreme Court of Iowa · 1913
- Smith v. DavisSupreme Court of Kansas · 1890
- Hammerslough v. HackettSupreme Court of Kansas · 1892
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