Davidson v. Cox
Nebraska Supreme Court
Re-hearing of the case reported in 10 Neb., 150, where it is stated at length. A mortgagee, under a mortgage containing covenants of warranty, so far as is necessary to protect his interest, is entitled to the benefits of the covenants as completely as a grantee under a deed containing such covenants. Rawle on Covenants, pp. 26, 27, 29, 32, 344, 346. 2 "Wash.
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Re-hearing of the case reported in 10 Neb., 150, where it is stated at length. A mortgagee, under a mortgage containing covenants of warranty, so far as is necessary to protect his interest, is entitled to the benefits of the covenants as completely as a grantee under a deed containing such covenants. Rawle on Covenants, pp. 26, 27, 29, 32, 344, 346. 2 "Wash. Real Prop., 159. White v. Whitney, 3 Met., 81. Harper v. Perry, 28 la., 58. Lockwood v. Sturdevant, 6 Conn., 378. Wright v. Sperry, 21 Wis., 334. Lloyd v. Quimby, 5 Ohio St., 262. The covenant of warranty relates only to the condition of…
1Opinion of the Court
Maxwell, Ch. J.
This is an action by a junior mortgagee upon a covenant of warranty in the deed of the grantor of the mortgagor. The plaintiff alleges in his petition that on the twenty-first day of April, 1876, the defendant conveyed to one Elizabeth L. Richards, the north-east *251quarter of the north-east quarter of section 5, in township No. 6 north, of range 10 east,-by warranty deed; that by said deed the defendant covenanted with said Richards that he held said premises by good and lawful title; that he had good right and lawful'authority to sell the same, and that they were clear and free…
2Cases cited2 opinions
- Webb v. HoseltonNebraska Supreme Court · 1876
- Kyger v. RyleyNebraska Supreme Court · 1873
3Cited by14 opinions
- Ormsby v. OttmanCourt of Appeals for the Eighth Circuit · 1898
- Mackiewicz v. J.J. & AssociatesNebraska Supreme Court · 1994
- Hoagland v. LoweNebraska Supreme Court · 1894
- Robinson Merc. Co. v. DavisWyoming Supreme Court · 1920
- Larson Cement Stone Co. v. Redlim Realty CompanyNebraska Supreme Court · 1965
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