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Rockafellor v. Gray

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


Facts

Rockafellor (plaintiff) received a piece of land that was encumbered by a mortgage to Gray (defendant). Rockafellor agreed to assume this mortgage. Four years later, the property went through foreclosure, and Connelly acquired a sheriff’s deed to the property. Connelly conveyed the land to Dixon for $4,000; the conveyance deed contained 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 for lack of jurisdiction. Hansen & Gregerson filed a cross-petition asking that if the foreclosure sale were vacated, Connelly be found liable to them for damages stemming from Connelly’s faulty deed as conveyed to Dixon. 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.

Rule of Law

Issue

Holding and Reasoning (Faville, J.)

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