Alexander v. Schreiber
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. 1. That admitting the words of the statute to have the force of a general covenant of seisin by indefeasible title, the existence of an outstanding incumbrance is no breach before foreclosure or payment. 16 Johns., 254; 7 Johns., 380, 381; 5 Pickering, 217; 7 Johns., 471; 11 Johns., 538; Doug., 610; 2 Burr, 979. 2. Oyer being given, it was manifest that the deed contained an express covenant to warrant and defend.
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APPEAL from St. Louis Circuit Court. 1. That admitting the words of the statute to have the force of a general covenant of seisin by indefeasible title, the existence of an outstanding incumbrance is no breach before foreclosure or payment. 16 Johns., 254; 7 Johns., 380, 381; 5 Pickering, 217; 7 Johns., 471; 11 Johns., 538; Doug., 610; 2 Burr, 979. 2. Oyer being given, it was manifest that the deed contained an express covenant to warrant and defend. This express covenant abrogated all implied covenants. 11 Johns., 122; 2 Caine’s R., 192; 2 Bos. & P., 26; part IV of Coke’s Rep., 80, 86; Kent…
1Opinion of the CourtNafton, J.
This was an action of covenant upon a conveyance of some lots in St. Louis, in which the words “grant, bargain and sell” were used, as well as the usual covenant of general warranty. The statutory covenant contained in the words “grant, bargain and sell” was declared on as a covenant of seizin of an indefeasible estate in fee simple against all the world, and a breach of this covenant is alleged by reason of an unsatisfied mortgage upon the lots conveyed at the time of the conveyance.— The plaintiff, upon the trial, obtained a verdict, and had a judgment for the purchase money of the lots,…
2Cited by11 opinions
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