Commerce Trust Co. v. Foulds

This is an action to recover damages for alleged breach of statutory covenants contained in the words “grant, bargain and sell” appearing in certain warranty deeds.

The facts disclose that in November, 1911, one George H. Foulds died testate, seized of approximately 336.25 acres of land in LaFayette county, Missouri. By the terms of his will he dievised said land to his wife, Mary E. Foulds for life, and at her death to his children, Charles L., Abigail and others named therein, and in case any of his children named in the will should die before the death of their mother, leaving heirs, then…