Rockafellor v. Gray
Supreme Court of Iowa, 1922
191 N.W. 107
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Brief Fact Summary
Third party conveyed property to defendant. Third party owned $500 to plaintiff and defendant agreed to assume this debt. The propety eventually went through foreclosure. The property was transfered many times and finally the plaintiff brought suit seeking to set aside the original foreclosure for lack of jurisdiction.
Rule of Law and Holding
The covenant of seizin runs with the land, and is broken the instant the conveyance is delivered, and then becomes a chose in action held by the covenantee in the deed, and that a deed by said first covenantee operates as an assignment of such chose in action to a remote grantee, who can maintain an action thereon against the grantor in the original deed. The rights of the remote grantee are acquired by conveyance (assignment) and not by virtue of actual possession of the premises.
Topics
Property Acquisition
Subtopics
Deeds
This case is in these books
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Property
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Dukeminier, Krier, Alexander, Schill
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6th Edition
- Property
- Dukeminier, Krier, Alexander, Schill
- 6th Edition