Legal Opinion

Ferguson v. Dent

Supreme Court of Missouri

Decided July 15, 1844PublishedCited by 3 opinions

ERROR to St. Louis Circuit Court. 1. If it be said in a lease, that the lessee shall repair, &c., an action will be for not repairing. — 3.Com.

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ERROR to St. Louis Circuit Court. 1. If it be said in a lease, that the lessee shall repair, &c., an action will be for not repairing. — 3.Com. Dig., 237. 2. If a man assign an apprentice, though not assignable in law, it amounts to a covenant that the apprentice shall serve the assignee. — 1 Lord Raymond, 683. 3. If land be conveyed, as bounded on the way on one side, this is not merely a description, but a covenant, that there is such a way. — Parker et al. vs. Smith et al., 17 Mass., 413. 4. The words being, “sound wind and limb, and free from disease,” were held to amount to an express…

1Opinion of the CourtNarton, J.

This was an action of covenant, brought by the plaintiff in error upon a deed conveying to him certain tracts of land.

*669By the deed from Dent and Wife to Ferguson, the grantors “ granted, sold, aliened, enfeoffed and confirmed” to him a tract of land, lying in the State of Missouri, containing 125Tu\ acres, being the south-east fractional quarter of section No. IS, township 44, range 10 west, represented in said deed as having been entered by P. Dillon.

The deed further conveyed “another piece of land, being the unsold residue of a larger tract of land, of 160 acres, the said unsold residue…

2Cases cited3 opinions

  1. Clark v. MoodyMassachusetts Supreme Judicial Court · 1821
  2. Bacon v. BrownCourt of Appeals of Kentucky · 1813
  3. Soper v. BreckenridgeSupreme Court of Missouri · 1835

3Cited by3 opinions

  1. O'Sullivan v. GriffithCalifornia Supreme Court · 1908
  2. Zinn v. SidlerSupreme Court of Missouri · 1916
  3. McDonough & Co. v. MartinSupreme Court of Georgia · 1892

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