First Unitarian Society v. Citizens Savings & Trust Co.
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. R. P. Howell, Judge. This is an action for damages for breach of covenant in warranty deed. The case was tried to the court without a jury upon an agreed statement of facts. There was a judgment for the defendant, and plaintiff appeals.
1Opinion of the CourtEvans, J.
The plaintiff holds its cause of action by assignment. Its assignor was the grantee in a warranty deed executed to it by the defendant on December 14, 1907, and which conveyed to it a certain lot 4 in Iowa City. The deed *390contains covenants of warranty which will be hereinafter set out. It was averred that the covenants were breached by the existence of a public sewer traversing said lot to a depth of six feet beneath the surface, which sewer had been used and maintained by the public for more than forty years and was still so used and maintained. It was averred that the plaintiff’s assignor…
2Cases cited15 opinions
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Kutz v. McCuneWisconsin Supreme Court · 1868
- Memmert v. McKeenSupreme Court of Pennsylvania · 1886
- Burk v. HillIndiana Supreme Court · 1874
- Kellogg v. IngersollMassachusetts Supreme Judicial Court · 1806
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3Cited by11 opinions
- Kurtz v. GramenzSupreme Court of Iowa · 1924
- Cleghorn v. BenjaminSupreme Court of Iowa · 1948
- Miller v. Schwinn, Inc.Court of Appeals for the D.C. Circuit · 1940
- Queenin v. BlankMassachusetts Supreme Judicial Court · 1929
- Magraw v. DillowCourt of Appeals of Maryland · 1996
6 more not listed; retrieve them via the Exa API.