Pineland Mfg. Co. v. Guardian Trust Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Jas. E. Goodrich, Judge. (1) - Covenants in a deed are separate from the conveying part and are personal in their nature.
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Appeal from Jackson Circuit Court. — Eon. Jas. E. Goodrich, Judge. (1) - Covenants in a deed are separate from the conveying part and are personal in their nature. Rawle, sec. 57; Sumner v. Williams, 8 Mass. 162; 11 Cyc. 1044; Poison v. Stewart, 167 Mass. 211. (2) The contract was made and executed in this State, and between citizens of this State; therefore the law of this State determines what covenants are in the deed, the effect to be given them, and the measure of damages for their breach. Bethell v. Bethell, 54 Ind. 428; Craig v. Donovan, 63 Ind. 513; Worley v. Hineman, 6 Ind. App. 24;…
1Opinion of the Court
ELLISON, J. —
This action is based on a covenant of seizin contained in a general warranty deed for lands lying in the State of Louisiana. The judgment in the trial court for for the defendant.
The defendant demurred to plaintiff’s .petition on the' ground that it did not state a cause of action. The trial court sustained that view and plaintiff thereupon appealed.
Stripped of detail, the petition states that plaintiff bought a large tract of land of defendant situated in the State of Louisiana and received from defendant a general warranty deed containing covenants for an indefeasible estate in…
2Cases cited16 opinions
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Mastin v. GrimesSupreme Court of Missouri · 1885
- Burrus v. CookSupreme Court of Missouri · 1908
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1856
- Green v. DitschSupreme Court of Missouri · 1898
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3Cited by5 opinions
- Canada v. DanielMissouri Court of Appeals · 1913
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- Smith v. KeeleySupreme Court of Iowa · 1910
- Mackenzie v. ClementMissouri Court of Appeals · 1910
- Brooks-Scanlon Corporation v. ArbuthnotSupreme Court of Florida · 1927