Kimball v. Bryant
Supreme Court of Minnesota
The plaintiff, as grantee of one Dewitt C. Handy, brought this action in the district court for Hennepin county, to-recover damages for breach of a covenant of seizin contained in a deed from defendant to Handy, the amount claimed being $125, the sum paid by plaintiff to obtain a conveyance from one Lasher, of his alleged paramount title.
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The plaintiff, as grantee of one Dewitt C. Handy, brought this action in the district court for Hennepin county, to-recover damages for breach of a covenant of seizin contained in a deed from defendant to Handy, the amount claimed being $125, the sum paid by plaintiff to obtain a conveyance from one Lasher, of his alleged paramount title. A jury was-waived, and the action tried before Young, J., who found the facts as follows: The premises conveyed by defendant to-Handy, and by Handy to plaintiff, originally belonged to oue Halsted, who, on February 16, 1859, conveyed them in fee to one…
1Opinion of the CourtGilfillan, C. J.
Action on the covenant in a conveyance by defendant and wife to Dewitt C. Handy, that the grantors *498were seized in fee simple of the premises conveyed. Handy subsequently conveyed, with full covenants, to plaintiff. The grantors in the first deed had no title, and it does not appear they were ever in possession. The case presents the question, Is the covenant of seizin broken at once, if at all, vesting the cause of action for its breach in the covenantee ? or does it continue and run with the land, and vest in the grantee of the covenantee ?
If the covenant is to be construed as it reads,…
2Cases cited8 opinions
- Mitchell v. WarnerSupreme Court of Connecticut · 1825
- Bickford v. PageMassachusetts Supreme Judicial Court · 1807
- Mecklem v. BlakeWisconsin Supreme Court · 1868
- Martin v. BakerIndiana Supreme Court · 1839
- Hamilton v. WilsonNew York Supreme Court · 1809
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3Cited by23 opinions
- Allen v. KennedySupreme Court of Missouri · 1886
- Coleman v. LucksingerSupreme Court of Missouri · 1909
- Beulah Coal Mining Co. v. HeihnNorth Dakota Supreme Court · 1920
- Allen v. AllenSupreme Court of Minnesota · 1892
- Shaber v. St. Paul Water Co.Supreme Court of Minnesota · 1883
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