Harrison v. Des Moines & Ft. Dodge Railway Co.
Supreme Court of Iowa
Appeal from Palo Alto District Court. — Hon. George H. Carr, Judge. The defendant made to the plaintiff, on the eighteenth day of May, 1885, a deed to the northeast quarter of the northeast quarter of section 20, township 96, range 32 west, for a consideration of six hundred dollars. In the deed is a clause as follows: “And the Des Moines and Ft. Dodge Railroad Company doth warrant the title thereof to be perfect.”
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Appeal from Palo Alto District Court. — Hon. George H. Carr, Judge. The defendant made to the plaintiff, on the eighteenth day of May, 1885, a deed to the northeast quarter of the northeast quarter of section 20, township 96, range 32 west, for a consideration of six hundred dollars. In the deed is a clause as follows: “And the Des Moines and Ft. Dodge Railroad Company doth warrant the title thereof to be perfect.” The petition alleges that there is and was at the time the deed was executed, a public highway on two sides of the forty acre tract, because of which he is deprived of two acres of…
1Opinion of the CourtGranger, C. J.
(after stating the facts as above). — • "We will assume, for the purposes of the case, that the covenant in the deed is against, incumbrances, as well *116as seizin. In this way we come directly to the question of whether or not a public highway known by the parties to be in use at the time of the conveyance is an incumbrance, so that its existence constitutes a breach of the covenants of warranty. In Barlow v. McKinley, 24 Iowa, 69, this court defined an “incumbrance” as “a right in a third person in the land in question, to the diminution of the value of the land, though consistent with the…
2Cases cited10 opinions
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