Van Doren v. Relfe
Supreme Court of Missouri
Appeal from Washington Circuit Court. This was' an action brought in January, 1852, to recover damages for the breach of a covenant of seizin contained in a deed from Relfe to Vandoren for certain land, dated August 13, 1836. The land was within what is known as the Iron Mountain tract, confirmed to Joseph Pratte by act of congress of July 4, 1886, and Relfe had no title at the time of his conveyance to Vandoren.
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Appeal from Washington Circuit Court. This was' an action brought in January, 1852, to recover damages for the breach of a covenant of seizin contained in a deed from Relfe to Vandoren for certain land, dated August 13, 1836. The land was within what is known as the Iron Mountain tract, confirmed to Joseph Pratte by act of congress of July 4, 1886, and Relfe had no title at the time of his conveyance to Vandoren. On the 8th of May, 1838, Vandoren conveyed all his property of- every description, including the land acquired of Relfe, and all bis rights of action, to trustees for tho benefit of…
1Opinion of the CourtScott, Judge
The point relied upon by the defendant is, that this suit cannot be maintained in the name of Vandoren. There being no seizin in James H. Eelfe, of the land conveyed by him to Van-doren, the covenant of seizin contained in Relfe’s deed was broken immediately, and a right of action accrued thereon to Vandoren so soon as it was executed. So there was in Van-doren a right of action for unliquidated damages arising from a breach of contract. Vandoren afterwards assigned this right of action to trustees for the benefit of his creditors.
The requirement• of the present practice act is, that every…
2Cases cited2 opinions
- Walker v. MauroSupreme Court of Missouri · 1853
- Harney v. DutcherSupreme Court of Missouri · 1851
3Cited by5 opinions
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- Beulah Coal Mining Co. v. HeihnNorth Dakota Supreme Court · 1920
- Parker v. BeasleyNew Mexico Supreme Court · 1936
- Jackson v. McGilbraySupreme Court of Oklahoma · 1915
- Close v. Independent Gravel Co.Missouri Court of Appeals · 1911