Eversole v. Early
Supreme Court of Iowa
Appeal from, Sao District Qourt. — Hon. J. H. Macomber, Judge. Action to recover damages for breach of covenants of warranty in a deed of conveyance.
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Appeal from, Sao District Qourt. — Hon. J. H. Macomber, Judge. Action to recover damages for breach of covenants of warranty in a deed of conveyance. Plaintiff alleges that defendants conveyed to him certain lands by deed of general warranty, and that afterwards he conveyed the same, by the same kind of deed, to N. G. Wilson; that thereafter J. C. Barke, claiming to be the owner in fee simple of said land, commenced an action against said N. G. Wilson and D. Carr Early to quiet his title to, and recover possession of, said land, and that it was adjudged that said Barke was the owner of the…
1Opinion of the CourtGiven, J.
— I. Plaintiff asks to recover upon the ground that the fee-simple title of Barke and his grantees was paramount to the title which he had received from Early, to protect himself and his grantee against which, he was compelled to purchase said paramount title, to his damage, which he asks to recover *604under defendants’ covenants of warranty to him. If the third count states as facts that which shows that the Barke title was not paramount to the tax title of Early, then it states facts constituting a defense. According to said count, Barke’s title was not complete. It depended upon his paying…
2Cases cited2 opinions
- Funk v. CreswellSupreme Court of Iowa · 1857
- Thomas v. StickleSupreme Court of Iowa · 1871
3Cited by8 opinions
- Meservey v. SnellSupreme Court of Iowa · 1895
- Eggers v. MitchemSupreme Court of Iowa · 1949
- Harwood v. LeeSupreme Court of Iowa · 1892
- Smith v. KeeleySupreme Court of Iowa · 1910
- Thorne v. ClarkSupreme Court of Iowa · 1900
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