Magwire v. Riggin
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The covenant of indefeasible seizin, created by the statute, is a covenant for title, and runs with the land. (Dickson v. Desire, 23 Mo. 151; Chambers v. Smith, 23 Mo. 174.) II. The covenant sued upon being one which runs with the land, and not broken until after defendant’s act and discharge in bankruptcy, that discharge does not release defendant from liability to plaintiff in this action.
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Appeal from St. Louis Circuit Court. I. The covenant of indefeasible seizin, created by the statute, is a covenant for title, and runs with the land. (Dickson v. Desire, 23 Mo. 151; Chambers v. Smith, 23 Mo. 174.) II. The covenant sued upon being one which runs with the land, and not broken until after defendant’s act and discharge in bankruptcy, that discharge does not release defendant from liability to plaintiff in this action. (French v. Morse, 2 Gray, 111; Bush v. Cooper, 26' Miss. 612; 5 U. S. Stat. at Large, 444 ; Bennett v. Bartlett, 6 Gush. 225 ; Rawle on Cov., 3d ed., 577.)…
1Opinion of the CourtBliss, Judge
In 1839 the defendant conveyed certain lands to plaintiff’s grantor by a deed containing the statutory words, “ grant, bargain, and sell,” without being restrained by other express terms (Gen. Stat. 1865, ch. 109, § 8), and in 1843 obtained a certificate of discharge in bankruptcy, under the act of 1841. In 1868, one Margaret Thomas obtained a judgment in proceedings *514for the assignment of dower upon this land, her inchoate title having commenced anterior to that of defendant, as conveyed in his deed of 1839. This suit was instituted by the plaintiff upon the covenants of said deed to his…
2Cases cited9 opinions
- Moore v. . the Mayor, Aldermen, C., of New YorkNew York Court of Appeals · 1853
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Timothy L. MacE in Error v. Jared WellsSupreme Court of the United States · 1848
- Bush v. CooperMississippi Supreme Court · 1853
- Reed v. PierceSupreme Judicial Court of Maine · 1853
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Allen v. KennedySupreme Court of Missouri · 1886
- Coleman v. LucksingerSupreme Court of Missouri · 1909
- Hazelett v. WoodruffSupreme Court of Missouri · 1899
- Teckenbrock v. McLaughlinSupreme Court of Missouri · 1912
16 more not listed; retrieve them via the Exa API.