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Rockafellor v. Gray

Iowa Supreme Court
191 N.W. 107 (1922)


Rockafellor (plaintiff) received a piece of land which was encumbered by a mortgage to Gray (defendant). After foreclosure proceedings on the property, Connelly acquired a sheriff’s deed to the property. Connelly conveyed the premises to Dixon for $4,000, and the conveyance deed recited the usual covenants of warranty. Two months later, Dixon conveyed the property to Hansen & Gregerson by special warranty deed for $7,000. After these transfers, Rockafellor sued Gray to have the sheriff’s sale vacated. Hansen & Gregerson and Connelly were brought into the case. Hansen & Gregerson filed a cross-petition asking that if the foreclosure sale should be vacated, that Connelly be liable to them for damages stemming from Connelly’s faulty deed as conveyed to Dixon (which was then conveyed to Hansen & Gregorson). The trial court found in favor of Rockafellor and vacated the foreclosure sale. With respect to the cross-petition, the court held that the covenant of seisin ran with the land, and awarded Hansen & Gregorson $4,000 (the consideration paid by Dixon) plus interest starting from the date of the conveyance from Dixon to Hansen & Gregorson. Connelly appealed.

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