Legal Opinion

Reese v. Smith

Supreme Court of Missouri

Decided January 15, 1849PublishedCited by 15 opinions

APPEAL FROM MARION CIRCUIT COURT. 1st. It is at least doubtful whether when there are express covenants in a deed, the words “grant, bargain and sell,’’ can have the effect given them by statute. Whether tho making of express covenants does not indicate tho intention of the grantor to make no others. Whether the express covenants do not operate as a limitation on those words and repel the idea of implied covenants. 2d.

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APPEAL FROM MARION CIRCUIT COURT. 1st. It is at least doubtful whether when there are express covenants in a deed, the words “grant, bargain and sell,’’ can have the effect given them by statute. Whether tho making of express covenants does not indicate tho intention of the grantor to make no others. Whether the express covenants do not operate as a limitation on those words and repel the idea of implied covenants. 2d. A covenantor seizin and power to sell, &c., are executed when the deed is delivered, and are then broken if ever. The specific execution of them is impossible. There is no…

1Opinion of the Court

Napton, judge,

delivered the opinion of the court.

This was a bill in chancery to enjoin a judgment for damages obtained by Reese at law, upon the covenants in a deed conveying to said Reese a lot in the town of Monticello.

The bill, answer and exhibits, show the following facts :

In 1839, W. L. Smith sold a lot in Monticello for $450, and he and his wife executed a deed for the same, containing the words “ grant, bargain and sell,” and also special covenants of seizin against incumbrances, good right and title to convey, and general warranty. In 1843 *347Reese brought his action of covenant upon the…

2Cases cited1 opinion

  1. Leland v. StoneMassachusetts Supreme Judicial Court · 1813

3Cited by15 opinions

  1. Holmes Development, LLC v. CookUtah Supreme Court · 2002
  2. Edgerton v. EdgertonMontana Supreme Court · 1892
  3. Brawford v. WolfeSupreme Court of Missouri · 1890
  4. King v. Administratrix of GilsonIllinois Supreme Court · 1863
  5. Resser v. CarneySupreme Court of Minnesota · 1893

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