Devin v. Hendershott
Supreme Court of Iowa
Appeal from Wapello District Gowrt. Action by a mortgagee against tbe grantor of tbe mortgagor to recover upon the covenants in tbe deed under which tbe mortgagor held bis title. Tbe defense was that tbe defendant, grantor, bad paid and satisfied bis grantee, tbe mortgagor, for tbe breach of bis covenants, before this action was brought.
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Appeal from Wapello District Gowrt. Action by a mortgagee against tbe grantor of tbe mortgagor to recover upon the covenants in tbe deed under which tbe mortgagor held bis title. Tbe defense was that tbe defendant, grantor, bad paid and satisfied bis grantee, tbe mortgagor, for tbe breach of bis covenants, before this action was brought. Tbe cause was tried to tbe court upon .an agreed statement of facts, as follows: That on tbe 11th day of April, 1855, tbe defendant conveyed tbe land tbe west fractional half of tbe south-west quarter of section nineteen, township seventy-one, range fifteen,…
1Opinion of the CourtCole, J.
But a single question is presented by the record in this case, and that is, does the grantee in a deed of trust, under our statutes, become entitled to the benefit of covenants running with the land 2 The district court held that he was not. It may be as well to state here, that no question is or can be made upon the matter of notice, since the constructive notice imparted by the due record and index of the trust deed is equivalent, for all the purposes of this case, to actual notice. Bev., ch. 96.
It is a proposition asserted by the appellant, and not denied by the appellee, and we apprehend…
2Cases cited10 opinions
- Conyngham v. SmithSupreme Court of Iowa · 1864
- Lockwood v. SturdevantSupreme Court of Connecticut · 1827
- Newman v. De LorimerSupreme Court of Iowa · 1865
- Porter v. GreenSupreme Court of Iowa · 1857
- Booth v. StarrSupreme Court of Connecticut · 1814
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Phillips v. HarrowSupreme Court of Iowa · 1894
- Porter v. LaffertySupreme Court of Iowa · 1871
- Harter v. TwohigSupreme Court of the United States · 1895
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Crosby v. EvansSupreme Court of Missouri · 1920
4 more not listed; retrieve them via the Exa API.