Loomis v. Laughry

Citations

• 109 Kan. 445
• 199 P. 470
• 1921 Kan. LEXIS 293

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Covenants op Seizin — Action for Breach — Adverse Possession — Uninterrupted, Possession for Forty Years — No Damages Recoverable. Defendant claimed a breach of the covenant of seizin in a conveyance of land. The land was conveyed with covenants more than forty years, ago by an instrument purporting to convey a complete title and by one holding exclusive possession, but defendant claimed that there was an outstanding interest in another. There has been no hostile assertion of title in others than the grantees within the period named, nor disturbance of their possession by any adverse claimant. Held, that the defendant was not entitled to recover damages from his grantor on the-alleged breach of the covenant of seizin. *</p>