Koenig v. Branson
Supreme Court of Missouri
Appeal from, Phelps Circuit Court. — Hon. Y. B. Hill, Judge. This was an action upon covenants in a deed. The petition contained two counts.
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Appeal from, Phelps Circuit Court. — Hon. Y. B. Hill, Judge. This was an action upon covenants in a deed. The petition contained two counts. The first averred the execution of a deed by defendant Branson to plaintiffs, containing the statutory words “ grant, bargain and sell,” and averred the making of the covenants thereby implied, and averred as a breach of these covenants that there was, at the date of the execution of the deed, an incumbrance on the property, in the nature of a deed of trust, dated October 2nd, 1872, from Joseph Peters, the grantor of defendant, to A. Emory, for $396. The…
1Opinion of the CourtSherwood, C. J.
The words “ grant,” “ bargain,” “ sell,” when employed in a conveyance, are only to be construed as a statutory covenant of warranty against “incumbrances done or suffered by the grantor, or any person claiming under him,” and do not extend to outstanding incumbrances over which the grantor in the given conveyance has no control. Armstrong v. Darby, 26 Mo. 517; Clore v. Graham, 64 Mo. 249. For this reason, the first count in the petition stated no cause of action; and the deed offered in evidence to sustain the second count, did not have that effect. Therefore, judgment affirmed.
All concur.
2Cases cited2 opinions
- Armstrong v. DarbySupreme Court of Missouri · 1858
- Clore v. GrahamSupreme Court of Missouri · 1876
3Cited by1 opinion
- Duffy v. SharpMissouri Court of Appeals · 1898