McNear v. McComber
Supreme Court of Iowa
Appeal from, Dubuque District Court. The defendants sold plaintiff’s lot 96 in the city of Dubuque, for the consideration of $1,500. The title to the north twenty feet of said lot failed, and the plaintiff was evicted.
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Appeal from, Dubuque District Court. The defendants sold plaintiff’s lot 96 in the city of Dubuque, for the consideration of $1,500. The title to the north twenty feet of said lot failed, and the plaintiff was evicted. He institutes this suit to recover damages for the breach of the warranty in his deed; the granting clause and warranty of which are in these words, viz.: The defendants “ do hereby sell and convey unto said Matthew McNear the following premises, to wit, all our right, title and interest in and to lot number ninety-six, in the city of Dubuque, State of Iowa, according to the…
1Opinion of the CourtLowe, J.
1. Warranty: interest. The disposition which we shall make of this case, on the second assignment, renders it unnecessary for us to pass specially upon the first, further than to say, its settlement below corresponds with the ruling of this court in the case of Brandt v. Foster et al., 5 Iowa, 295, 298, and for the present we shall leave it as there determined.
2. Covenants: grant. The second is the important question, that is, whether the court erred in refusing the above instructions. This depends more upon the construction which is to be given to the granting clause of the deed offered in…
2Cases cited1 opinion
- Brandt v. FosterSupreme Court of Iowa · 1857
3Cited by17 opinions
- Dale v. Case, Et Ux.Mississippi Supreme Court · 1953
- Hull's Adm'r v. Hull's HeirsWest Virginia Supreme Court · 1891
- Henderson v. BeattySupreme Court of Iowa · 1904
- McDonough & Co. v. MartinSupreme Court of Georgia · 1892
- Taylor v. HolterMontana Supreme Court · 1872
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