Chapman v. Kimball
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Savage, J. The opinion states the case. The covenant against incumbrances is a personal one and is broken as soon as made. 3 Wash, on Beal Prop., 390, 421. “ If there be an incumbrance, the covenant, being in prcesenti, is broken as soon as made.” Id. 391. Catheart v. Bowman, 5 Penn.
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Error to the district court for Douglas county. Tried below before Savage, J. The opinion states the case. The covenant against incumbrances is a personal one and is broken as soon as made. 3 Wash, on Beal Prop., 390, 421. “ If there be an incumbrance, the covenant, being in prcesenti, is broken as soon as made.” Id. 391. Catheart v. Bowman, 5 Penn. State, 317. Clark v. Swift, 3 Met., 392. Prescott v. Trueman, 4 Mass., 627. Thayer v. Clemence, 22 Pick., 490. Wyman v. Ballard, 12 Mass., 304. Tufts v. Adams, 8 Pick., 647. Bawle on Covenants, 111, 114. Pillsbury v. Mitchell, 5 Wis., 17. Eaton v.…
1Opinion of the Court
Maxwell, Ch. J.
On the nineteenth day of October, 1862, the plaintiff in error sold and conveyed to the defendant in error, the south-east quarter of the south-west quarter, and the south-west quarter of the south-east quarter, and the north-east quarter of the south-west quarter, and the south-east quarter of the north-west quarter of section *402twenty-two, in township thirteen north, of range thirteen east of the sixth principal meridian, for the sum of $1350.00, which sum was paid at the time of the execution of the deed.
The deed contains the following covenants: “And I do hereby covenant with…
2Cases cited7 opinions
- Beddoe's v. WadsworthNew York Supreme Court · 1839
- Mayberry v. WilloughbyNebraska Supreme Court · 1877
- Pillsbury v. MitchellWisconsin Supreme Court · 1856
- Richardson v. DorrSupreme Court of Vermont · 1833
- Collier v. Gamble ex rel. McCabeSupreme Court of Missouri · 1847
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cheney v. StraubeNebraska Supreme Court · 1892
- Harrison v. Des Moines & Ft. Dodge Railway Co.Supreme Court of Iowa · 1894
- Bull v. BeisekerNorth Dakota Supreme Court · 1907
- Parker v. BeasleyNew Mexico Supreme Court · 1936
- Campbell v. McClureNebraska Supreme Court · 1895
6 more not listed; retrieve them via the Exa API.