McCrary v. Deming
Supreme Court of Iowa
Appeal from Pottawattamie District Court. Action at law upon the covenants of a deed warranting against incumbrances. Tbe breach alleged is eviction under a foreclosure and sale of tbe premises upon two mortgages resting on tbe property wben tbe deed was executed. There was a trial to a jury, and a verdict and judgment for plaintiff. Defendants appeal. Tbe facts of tbe case apjiear in tbe opinion.
1Opinion of the CourtReck, J.
— I. On the 9th day of January, 1857, Anson L. Deming, defendant’s intestate, conveyed by deed containing covenants of warranty against incumbrances, to Robert F. Robb, plaintiff’s intestate, three separate parcels of land in the city of Keokuk, being parts of three different lots. The consideration expressed in the deed is $8,571.42. At the time there were two unsatisfied mortgages upon the property, the first executed by Triplett, under whom Deming claimed title, to Parsons and Love, to secure Parsons in the sum of $5,500, payable in ten annual instalments, and Love in the sum of $2,250, to…
2Cases cited8 opinions
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