Rockafellor v. Gray case brief summary
191 N.W. 107 (1922)
Appellant, a remote grantor, sought review
of an order from the Harrison District Court in Iowa.
The court entered
judgment against the remote grantor on the covenant of seizin in his
deed to the appellee remote grantees.
CASE FACTS The grantee was awarded a judgment that vacated a foreclosure proceeding and set aside a sheriff's deed
to the remote grantor. The remote grantees filed a cross-petition
against the remote grantor, which sought a judgment in the amount of the
consideration the remote grantees had paid to the intermediate grantor.
The upper court affirmed the trial court's judgment in favor of the remote
grantees on their cross-petition.
The court held that the covenant of
seizin ran with the land, even though the remote grantor had never had
actual possession of the premises in question.
When the remote grantor executed
the deed to the intermediate grantor, a right of action arose for
the breach of the covenant of seizin b/c the remote grantor did not
have title nor did he have a right of possession.
The right of action had passed by
virtue of the subsequent deed to the remote grantees.
The court held
that the remote grantees were entitled to recover the amount of
consideration which was recited in the deed from the remote grantor to the
intermediate grantor. This was because it was conclusive evidence of the value of the property.
CONCLUSION The court affirmed the trial court's judgment in
favor of the remote grantees.
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