Zerfing v. Seelig

Citations

• 14 S.D. 303
• 85 N.W. 585
• 1901 S.D. LEXIS 14

Syllabus

<p>1. iian action by a vendor of lands conveyed, by warranty deed to recover the purchase price of the vendee, who alleged in defense a breach of the covenant of warranty, the burden of proof was on the covenantee to show such breach.</p> <p>2. In an ction by a vendor of lands conveyed by warranty deed to recover the purchase price of the vendee, where a breach of the covenant of title is pleaded in defense, a prima facie case is made when the covenantee has shown by the records the title to be in a third person, and, as far as the record goes, no chain of title connecting the covenantor with such title.</p> <p>3. In an action by a vendor of lands conveyed by warranty deed to recover the purchase price of the vendee, me vendee alleged that at the time the consideration was transferred the plaintiff executed and delivered a warranty deed containing a covenant of warranty of title, but that the plaintiff was not the owner of the premises free and clear of incumbrances, as represented; taxes thereon being due and constituting a lien, and a rax deed of the property having been issued. The plaintiff admitted the execution of the deed, but denied the allegations of me issuance of a tax deed, and alleged in reply that, if defendant had been uispossessed, it was by reason of tax deeds issued in pursuance of sales maae for taxes levied and assessed subsequent to the execution of me deed. B'eld, that a breach of covenant was alleged as a defense, whicn was denied by the plaintiff, and hence defendant had the burden 01 proving the breach.</p> <p>4. A covenant of seisin in a warranty deed is not broken by a tax deed of the property executed two months after the execution and transfer of the warranty deed, though the tax certificate existed at the time of the execution, ana transfer of the warranty deed.</p> <p>B. Where the grantee of a warranty deed, as a part of me consideration, executed three notes, one of which was delivered in escrow to his attorney to hold until certain t