Chambers' Administrator v. Smith's Administrator
Supreme Court of Missouri
Error to St. Louis Land Court. This is an action commenced September 14,1853, to recover damages for tbe breach of the covenants of seizin and against encumbrances, contained in the words “ grant, bargain and sell” in a deed of Thomas E. Smith, defendant’s intestate, to one Elias B. Smith.
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Error to St. Louis Land Court. This is an action commenced September 14,1853, to recover damages for tbe breach of the covenants of seizin and against encumbrances, contained in the words “ grant, bargain and sell” in a deed of Thomas E. Smith, defendant’s intestate, to one Elias B. Smith. This deed purported to convey in fee a lot of ground in the city of St. Louis, and was dated November 2lst, 1848. It contained the words “grant, bargain and sell,” and was duly acknowledged and recorded. Elias B. Smith, by deed of the same tenor, dated March 11, 1844, conveyed the said lot to William…
1Opinion of the CourtLeonard, Judge
The questions here are the same that were involved in the case of Dickson & Gantt v. Desire’s adm’r, (ante, p. 151,) and we refer to the opinion in that case for the principles that must govern us here, and shall proceed at once to make an application of them.
Our statute covenant of seizin runs with the land until some damage results from the breach of it; when the right to a substantial recovery arises, the covenant is then broken ; the owner of the estate is entitled to the benefit of it, and his cause *179of action will be considered to have- then accrued witbin tbe meaning of tbe statute of…
2Cited by31 opinions
- Allen v. KennedySupreme Court of Missouri · 1886
- Coleman v. LucksingerSupreme Court of Missouri · 1909
- State ex rel. Patterson v. TittmannSupreme Court of Missouri · 1896
- Bethell v. BethellIndiana Supreme Court · 1876
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1860
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