191 N.W. 107 (1922)
The court entered judgment against the remote grantor on the covenant of seizin in his deed to the appellee remote grantees.
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.
The court affirmed the trial court's judgment in favor of the remote grantees.
Suggested law school study materials
Shop Amazon for the best prices on Law School Course Materials.