Legal Opinion

Talbert v. Mason

Supreme Court of Iowa

Decided November 19, 1907PublishedCited by 16 opinions

Appeal from Monroe District Court.— Hon. M. A. Egb-erts, Judge. A TRIANguxar tract of laud was platted as Cousins addition to the city of Albia, and on June 9, 1899, defendant conveyed a part of out lot 6 therein to Flora E. Talbert, since deceased, described as following: “ Commencing at a point on the west line of Harrison street in Albia, Iowa, five rods south of the northeast corner of out lot No. six Cousins addition ; thence west eight rods; thence south, two rods,…

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Appeal from Monroe District Court.— Hon. M. A. Egb-erts, Judge. A TRIANguxar tract of laud was platted as Cousins addition to the city of Albia, and on June 9, 1899, defendant conveyed a part of out lot 6 therein to Flora E. Talbert, since deceased, described as following: “ Commencing at a point on the west line of Harrison street in Albia, Iowa, five rods south of the northeast corner of out lot No. six Cousins addition ; thence west eight rods; thence south, two rods, four and one-half feet, to the north line of the right of way of the Chicago, Burlington & Quincy E. E.; thence…

1Opinion of the CourtLadd, J.

i Conveyances-covenant: measure of damages. Tbe appeal involves tbe right to recover tbe damages due to falsely representing tbe existence of a public alley through which the purchaser of a part of a lot might reacT the .street in front, and a breach of warranty in the deed conveying tbe same, The deed to Mrs. Talbert specifically described the right of way bach of tbe tract sold to her and “ to an alley running east and west on the north side of out lot six.” This amounted to a distinct assertion of the existence of such an alley. Tbe sole object had in providing a north and south right of…

2Cases cited20 opinions

  1. Fox v. Union Sugar RefineryMassachusetts Supreme Judicial Court · 1872
  2. Huttemeier v. . AlbroNew York Court of Appeals · 1858
  3. Kalteyer v. SullivanCourt of Appeals of Texas · 1898
  4. Winston v. JohnsonSupreme Court of Minnesota · 1890
  5. Regan v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1884

15 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Thomas v. JultakWyoming Supreme Court · 1951
  2. Bellevue Gas & Oil Co. v. CarrSupreme Court of Oklahoma · 1916
  3. Bang v. FormanMichigan Supreme Court · 1928
  4. Muzzy v. WilsonOregon Supreme Court · 1971
  5. Hamilton v. SmithSupreme Court of Arkansas · 1948

11 more not listed; retrieve them via the Exa API.

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