Armstrong v. Darby
Supreme Court of Missouri
Appeal from St. Louis Land Court. This was an action to redover damages for an alleged breach of a covenant contained in a deed from John E. Darby, defendant,- to the plaintiff, D. H. Armstrong, dated July 16, 1845. The petition set forth the deed from Darby in hose verba, whereby, in consideration of $1200, he did “ grant, bargain, sell and convey” to Armstrong certain real estate in St. Louis county.
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Appeal from St. Louis Land Court. This was an action to redover damages for an alleged breach of a covenant contained in a deed from John E. Darby, defendant,- to the plaintiff, D. H. Armstrong, dated July 16, 1845. The petition set forth the deed from Darby in hose verba, whereby, in consideration of $1200, he did “ grant, bargain, sell and convey” to Armstrong certain real estate in St. Louis county. The petition alleges the payment of the consideration money and delivery of the deed, and that Armstrong immediately went into possession under said deed of the premises conveyed thereby. The…
1Opinion of the CourtNapton, Judge
The question in this case is, whether our statutory covenant for further assurance obliges the vendor to remove an outstanding encumbrance. This covenant is substantially a covenant that the vendor will, at the request and cost of the vendee, perform all “ acts, deeds, conveyances and assurances,” either by fine, recovery or other form of assurance, which may be wanting to the confirmation of the vendee’s title. (Platt on Covenant, p. 341; Rawle, 203.) In King v. Jones, 4 Taunt. 418, Mr. Justice Heath said: “ Under this covenant the heir might call for further assurances, even to levy a fine…
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