Dickson v. Desire's Administrator
Supreme Court of Missouri
Error to St. Louis Circuit Court. Plaintiffs, C. K. Dickson and T. T. Gantt, filed a demand in the Probate Court of St. Louis county, against the estate of Jacques Desiré.
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Error to St. Louis Circuit Court. Plaintiffs, C. K. Dickson and T. T. Gantt, filed a demand in the Probate Court of St. Louis county, against the estate of Jacques Desiré. The demand, which was for the sum of $5712 50, was founded upon an alleged breach of a statutory covenant of indefeasible seizin, implied from the use of the words “ grant, bargain and sell” in a deed of conveyance from the said Desiré to Letitia Duncan, from whom plaintiffs claimed by intermediate conveyances, as set forth in the agreed case stated below. This deed purported to convey the lot of land which was the subject…
1Opinion of the Court
LEONARD, Judge,
delivered tbe opinion of tbe court.
The question here is as to tbe capacity of tbe statute covenant of title, implied from the use of tbe words “ grant, bargain and sell,” to run with tbe land where tbe breach complained of is the total want of an estate in fee in tbe grantor. The possession of the land passed with the deed, and the title of the parties, whose claim to the damages is here sought to be enforced, is derived from the first grantee, through a sheriff’s conveyance, made upon an execution sale. It is thus seen that we are to deal with a question that has been the…
2Cases cited7 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Beddoe's v. WadsworthNew York Supreme Court · 1839
- Delavergne v. NorrisNew York Supreme Court · 1811
- Martin v. BakerIndiana Supreme Court · 1839
- Lawless v. Collier's ExecutorsSupreme Court of Missouri · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Fox v. HallSupreme Court of Missouri · 1881
- Allen v. KennedySupreme Court of Missouri · 1886
- Coleman v. LucksingerSupreme Court of Missouri · 1909
- Kirkpatrick v. DowningSupreme Court of Missouri · 1874
43 more not listed; retrieve them via the Exa API.