Zerfing v. Seelig
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. Joseph B. Moore, Judge. Action by John Zerfing against Michael Seelig and another. From a judgment for plaintiff entered on a verdict directed for plaintiff, defendants appeal. In an action upon a covenant of seizen, where the defendant alleges that at jbe time of the conveyance he was well seized, the burden of proof is on the defendant, and plaintiff is not bound to prove that defendant has not kept his covenant.
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Appeal from circuit court, Lawrence county. Hon. Joseph B. Moore, Judge. Action by John Zerfing against Michael Seelig and another. From a judgment for plaintiff entered on a verdict directed for plaintiff, defendants appeal. In an action upon a covenant of seizen, where the defendant alleges that at jbe time of the conveyance he was well seized, the burden of proof is on the defendant, and plaintiff is not bound to prove that defendant has not kept his covenant. Mecklem v. Blake; 16 Wis. 106; Blackshire v. Iowa Homestead Co., 39 la. 624; 1 Greenl. Ev. § 74; Cockrell v. Practer, 65Mo. 46;…
1Opinion of the CourtFuller, J.
To defeat this action to recover the amount of three promissory notes, the defendants pleaded false and fraudulent representations on the part of plaintiff, and a failure,of consideration resulting from a breach of all the covenants contained in a warranty deed from him to them for *27wliicb the notes were given. Judgment was entered upon a directed verdict for the full amount of plaintiff’s claim, and the defendants appeal. The recitals of the deed amount to the usual covenants of seisin, against incumbrances, and for quiet enjoyment. The undisputed evidence shows that at the time the deed was…
2Cases cited8 opinions
- Woolley v. . NewcombeNew York Court of Appeals · 1882
- Ingalls v. EatonMichigan Supreme Court · 1872
- Hamilton v. ShoaffIndiana Supreme Court · 1884
- Jerald v. EllySupreme Court of Iowa · 1879
- Bowne v. WolcottNorth Dakota Supreme Court · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Simonson v. MonsonSouth Dakota Supreme Court · 1908
- Zerfing v. SeeligSouth Dakota Supreme Court · 1901
- Abbot v. PeterUtah Supreme Court · 1943