(Download) "Gregg v. Von Phul" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Gregg v. Von Phul
- Author : United States Supreme Court
- Release Date : January 01, 1863
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Mr. Ballance, for Gregg, plaintiff in error: 1. To answer its requisitions of a deed 'with full covenants of seisin and warranty,' the document ought to have warranted against incumbrances, and that the vendor had a right to sell. The covenants in this deed would not have been broken, had it turned out that, by reason of judgments, mortgages or other incumbrances, the title conveyed by the deed had wholly failed: nor, if it should turn out that although he was seized of the premises, yet for any reason, he could not convey it to the vendee. Suppose, for instance, an order of a court of law or injunction in chancery had prohibited him from conveying, it is no answer to say that he covenants 'that he will warrant and defend the title to said premises against the claim of every person whatsoever.' This covenant is not equivalent to a covenant of a right to sell, or that the premises were free from incumbrances, because, in this case, although the vendor may have no title, there is no cause of action until there is an eviction; but in the other two cases there is a present cause of action, provided it be known that there are incumbrances, or that there is no power to sell.
 "Gregg v. Von Phul" by United States Supreme Court # Book PDF Kindle ePub Free){kind=link}