Blood v. Wilkins
Supreme Court of Iowa
Appeal from, Jones District Court. The plaintiff being the owner of certain land in Jones county, conveyed the same to the defendants, Le Roy 0. Wilkins and S. C. Wilkins, as security for money advanced and to be advanced by said defendants, and applied in payment of certain mortgages and tax liens upon the property.
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Appeal from, Jones District Court. The plaintiff being the owner of certain land in Jones county, conveyed the same to the defendants, Le Roy 0. Wilkins and S. C. Wilkins, as security for money advanced and to be advanced by said defendants, and applied in payment of certain mortgages and tax liens upon the property. No part of the money so loaned came into the hands of the plaintiff, but a part of it was paid out directly by defendants in discharge of liens, and a part was retained by them. At the time of the loan the land had been sold for taxes for two or three years prior to 1871, but the…
1Opinion of the CourtAdams, J.
*567í conveynaimsat?s^e" factionot *566The deed from plaintiff to defendants contained *567a covenant of warranty that the premises were free from incmubrances. The defendants claim that plaintiff cannot now be allowed to show that there were incumbranees in contravention of the .covenant in the deed.
The money, however, which was borrowed by plaintiff and secured by the said conveyance, was sufficient to pay the incumbrances. As between plaintiff and defendants, therefore, it was free from incumbrances within the meaning of the covenant. Where the covenantor furnishes the covenantee money sufficient to…
2Cited by8 opinions
- Lowe v. TurpieIndiana Supreme Court · 1896
- Johnson v. ElmenTexas Supreme Court · 1900
- Fontaine v. Schulenburg & Boeckler Lumber Co.Supreme Court of Missouri · 1891
- Snyder v. SargeantSupreme Court of Iowa · 1923
- Wachendorf v. LancasterSupreme Court of Iowa · 1885
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