Seyfried v. Knoblauch
Supreme Court of Colorado
Appeal from the District Court of Rio Grande County. Hon. Chas. C. Holbrook, Judge. Action by Rudolph Knoblauch against Mathaus Seyfried. From a judgment for plaintiff, defendant appeals: . The amended complaint alleges that defendant Seyfried sold, and by deed of warranty conveyed, to plaintiff Knoblauch, for the consideration of five thousand dollars, certain lands and two shares of water in an irrigating ditch.
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Appeal from the District Court of Rio Grande County. Hon. Chas. C. Holbrook, Judge. Action by Rudolph Knoblauch against Mathaus Seyfried. From a judgment for plaintiff, defendant appeals: . The amended complaint alleges that defendant Seyfried sold, and by deed of warranty conveyed, to plaintiff Knoblauch, for the consideration of five thousand dollars, certain lands and two shares of water in an irrigating ditch. The deed contained covenants that the grantor was well seised of the premises conveyed “as of good, sure, perfect, absolute, and indefeasible estate of inheritance in law in fee…
1Opinion of the CourtJustice Campbell
1. Possibly the amended complaint is uncertain or ambiguous and might have been subject to a special demurrer upon that ground. — Code, § 50. Fairly construed, however, we think that only one cause of action is stated therein and relied on by plaintiff, and this is a breach of the covenant of seisin. The motion to separate the supposed causes of action was therefore properly overruled.
The action being one for breach of covenant of seisin, to sustain it there was no necessity for proving an eviction. If it was essential for plaintiff to prove that actual possession was not delivered to him of…
2Cases cited7 opinions
- Frazer v. Board of SupervisorsIllinois Supreme Court · 1874
- Tone v. WilsonIllinois Supreme Court · 1876
- Dalton v. BowkerNevada Supreme Court · 1873
- Hayden v. PattersonSupreme Court of Colorado · 1906
- Morgan v. MuldoonIndiana Supreme Court · 1882
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3Cited by12 opinions
- Navajo Development Co. v. SandersonSupreme Court of Colorado · 1982
- City of Delta v. ThompsonColorado Court of Appeals · 1975
- Roberts v. LehlColorado Court of Appeals · 1915
- Bernklau v. StevensSupreme Court of Colorado · 1962
- Mund v. RehaumeSupreme Court of Colorado · 1911
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