A Practical Treatise on the Law of Covenants for Title

Front Cover
Little, Brown,, 1887 - Covenants - 708 pages
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What constitutes its breach
Burden of proof lies on the defendant
Distinction between such incumbrances as affect the title and those which
What constitutes an incumbrance is a question of law
Local statutory provisions as to vendors concealment of incumbrance
Covenant broken only by eviction
Purchasers rights under this covenant may depend
Covenant of warranty generally synonymous with that for quiet enjoyment
Covenant of warranty or of quiet enjoyment general or limited
Review of the cases upon the subject of eviction
Damages relatively to increased value of the land
Review of decisions upon this subject
Neither vendor nor purchaser concluded by the consideration clause
Correct rule
Upon failure of title to specific part either party may produce evidence
When incumbrance cannot be removed the extent of damage is for
When expenses recoverable as damages
Origin of the doctrine obscure
Owner of the laud entitled to benefit of all warranties and covenants
In England held that all the covenants for title run with the land
English rule adopted in Missouri Ohio Indiana Wisconsin and Iowa
But covenants for quiet enjoyment and of warranty everywhere held
Result in England and Kentucky
Subsequent purchaser not bound by equities between covenantor
Right of assignee to sue in name of his assignor on covenants for seisin
Weight of authority is that possession taken under deed carries benefit

Common terms and phrases

Popular passages

Page 221 - The rule of the common law is, that where a party sustains a loss by reason of a breach of contract he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed.
Page 565 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 6 - ... that the will of the giver according to the form in the deed of gift manifestly expressed shall be from henceforth observed...
Page 395 - The principle deducible from these authorities seems to be that, whatever may be the form or nature of the conveyance used to pass real property, if the grantor sets forth on the face of the instrument, by way of recital or averment, that he is seized or possessed of a particular estate in the premises, and which estate the deed purports to convey, or, what is the same thing, if the seizin or possession of a...
Page 514 - Every contract entered into by a married woman shall be deemed to be a contract entered into by her with respect to and to bind her separate property, unless the contrary be shown.
Page 170 - ... indemnify against all persons, this is but a covenant to indemnify against lawful title ; and the reason is, because as it regards such acts as may arise from rightful claim, a man may well be supposed to covenant against all the world ; but it would be an extravagant extension of such a covenant if it were good against all the acts which the folly or malice of strangers might suggest; and therefore the law has properly restrained it within its reasonable import, that is, to rightful title.
Page 37 - CD, his heirs and assigns as aforesaid ; and that I will, and my heirs, executors and administrators shall warrant and defend the same to the said CD, his heirs and assigns forever, against the lawful claims and demands of all persons.
Page 310 - The benefit of a covenant implied as aforesaid shall be annexed and incident to, and shall go with, the estate or interest of the implied covenantee, and shall be capable of being enforced by every person in whom that estate or interest is, for the whole or any part thereof, from time to time vested.
Page 369 - If any person shall convey any real estate by conveyance purporting to convey the same in fee simple absolute, and shall not at the time of such conveyance have the legal estate in such real estate, but shall afterwards acquire the same, the legal estate subsequently acquired, shall immediately pass to the grantee, and such conveyance shall be valid as if such legal estate had been in the grantor at the time of the conveyance.
Page 462 - ... 1. That previous to the time of the execution of such conveyance, the grantor has not conveyed the same estate, or any right, title, or interest therein, to any person other than the grantee; 2. That such estate is at the time of the execution of such conveyance free from encumbrances done, made, or suffered by the grantor, or any person claiming under him. Such covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.

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