Schofield v. Iowa Homestead Co.

i. Conveyance: covenant of seizin. I. The counsel of the respective parties agree that the action is based upon the covenant of seizin, which is sufficiently expressed in the deed, A . „ x As a defense, the answer alleges that, prior to the commencement of the action, plaintiff, for value, sold and conveyed a part of the lands to another, and that the covenant declared on passed with the land, so far as the contract covered the same, to the purchaser from plaintiff, and that recovery in this action for the land so conveyed is barred. To this defense a demurrer was sustained. The question thus…