Talbert v. Mason
Supreme Court of Iowa
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…
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