Gerald v. Elley
Supreme Court of Iowa
Appeal from Mitchell District Court. The defendant conveyed to the plaintiff certain real estate, with the' usual and ordinary covenants, and this action is brought thereon, the breach alleged being that the land was incumbered with the right of way to a certain railroad com.pany.
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Appeal from Mitchell District Court. The defendant conveyed to the plaintiff certain real estate, with the' usual and ordinary covenants, and this action is brought thereon, the breach alleged being that the land was incumbered with the right of way to a certain railroad com.pany. The defendant filed an equitable answer, the material portions of which are: “That the said plaintiff, then knowing of' the said right of way of said railroad company, and also knowing that a certain public road was also laid out and established, worked and traveled, across and over said premises, proposed to this…
1Opinion of the Court
Servers, Ch. J.
1. conveynanis.' —- The answer does not state that these parties agreed or contracted that the incumbrances should be exempted from the operation of the covenants, In fact, nothing was said by either party in reference to this matter. The legal effect of a deed of the character of the one in question was not considered or thought of, by the defendant at least. Tie was asked this question during his examination as a witness: “You knew the railroad was there, but did you know it was an incumbrance such as you *324would have to defend against or make good?” To this he replied:…
2Cited by10 opinions
- Baker v. MasseySupreme Court of Iowa · 1879
- Newburn v. LucasSupreme Court of Iowa · 1904
- Lamson v. Horton-Holden Hotel Co.Supreme Court of Iowa · 1921
- Johnson v. WalterSupreme Court of Iowa · 1882
- Reed v. RootSupreme Court of Iowa · 1882
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