Funk v. Creswell
Supreme Court of Iowa
Appeal from the Des Momes District Gowrt. Suit before a Justice of tbe Peace, on tbe covenant of warranty, in a deed of conveyance from defendants to plaintiff, to recover the sum of twenty-two dollars and five cents, for tkxes, alleged to have been incumbrances upon tbe property at tbe time it was conveyed, and which, defendants refusing to pay, bad been paid by plaintiff.
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Appeal from the Des Momes District Gowrt. Suit before a Justice of tbe Peace, on tbe covenant of warranty, in a deed of conveyance from defendants to plaintiff, to recover the sum of twenty-two dollars and five cents, for tkxes, alleged to have been incumbrances upon tbe property at tbe time it was conveyed, and which, defendants refusing to pay, bad been paid by plaintiff. On the trial before tbe justice, a demurrer to tbe petition was overruled; and tbe facts alleged, being admitted to be true, judgment was rendered in favor of tbe plaintiff, for tbe amount paid by him to free tbe property…
1Opinion of the CourtStockton, J.
Tbe deed from the defendants to the plaintiff, contains no express covenant that tbe premises are free from incumbrances; and tbe cause has been argued by tbe counsel on both sides, as though tbe conveyance was in tbe form given by tbe Code, (section 1232,) by which tbe grantor conveys tbe premises to tbe grantee, and covenants to “warrant tbe title against all persons whomsoever.” It is as to tbe meaning and effect of this covenant, that we are now to inquire, and to decide whether it includes a covenant that tbe premises are free and clear of incumbrances, at tbe date of tbe deed.
Tbe modern…
2Cases cited4 opinions
- Delavergne v. NorrisNew York Supreme Court · 1811
- Fowler v. PolingNew York Supreme Court · 1849
- Chapel v. BullMassachusetts Supreme Judicial Court · 1821
- Smith v. M'CampbellIndiana Supreme Court · 1820
3Cited by29 opinions
- Scriver v. . SmithNew York Court of Appeals · 1885
- Brandt v. FosterSupreme Court of Iowa · 1857
- McLennan v. PrenticeWisconsin Supreme Court · 1893
- Van Wagner v. NostrandSupreme Court of Iowa · 1865
- Wells v. B. C. R. & N. R.Supreme Court of Iowa · 1881
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