Hammerslough v. Hackett
Supreme Court of Kansas
Error from Wyandotte District Court. Action brought by Margaret A. Hackett against Louis Hammerslough to recover damages for a breach of the covenants of seizin and of right to convey, contained in a conveyance executed by Hammerslough to Hackett on January 10, 1879. The petition sets forth that at the time last mentioned,, in consideration of $2,000, Hammerslough and wife made a conveyance of 280 acres of lánd in Coffey county, and covenanted that they were “ lawfully…
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Error from Wyandotte District Court. Action brought by Margaret A. Hackett against Louis Hammerslough to recover damages for a breach of the covenants of seizin and of right to convey, contained in a conveyance executed by Hammerslough to Hackett on January 10, 1879. The petition sets forth that at the time last mentioned,, in consideration of $2,000, Hammerslough and wife made a conveyance of 280 acres of lánd in Coffey county, and covenanted that they were “ lawfully seized of an indefeasible estate in fee-simple in said premises, and that they had good" right to convey the same.” But in…
1Opinion of the Court
The opiuion of the court was delivered by
Johnston, J.:
It is obvious from the findings and concedí d facts that Louis Hammerslough did not have the quantity and quality of title which he undertook to convey to Margaret A. Hackett in his deed of January 10, 1879. He claimed title to the land through a conveyance made to him on March 5, 1874, by Levison & Co., who it would seem obtained all the title and interest of George W. Campbell through foreclosure proceedings and a sale and conveyance made to Levison & Co. on September 29, 1873. The mortgage had been given by George W. Campbell on October…
2Cases cited8 opinions
- Brandt v. FosterSupreme Court of Iowa · 1857
- Kimball v. BryantSupreme Court of Minnesota · 1879
- Baxter v. BradburySupreme Judicial Court of Maine · 1841
- Reese v. SmithSupreme Court of Missouri · 1849
- Scoffins v. GrandstaffSupreme Court of Kansas · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bolinger v. BrakeSupreme Court of Kansas · 1897
- Guarantee Title & Trust Co. v. Viola State BankSupreme Court of Kansas · 1928
- O'Meara v. McDanielSupreme Court of Kansas · 1892
- Loomis v. LaughrySupreme Court of Kansas · 1921