Davidson v. Cox

• Decision Date: 19 March 1880
• Citation: 10 Neb. 150,4 N.W. 1035
• Parties: DAVIDSON v. COX.
• Court: Nebraska Supreme Court

10 Neb. 150

4 N.W. 1035

DAVIDSON

v.COX.

Supreme Court of Nebraska.

Filed March 19, 1880.

Error from Johnson county.

____ Davidson, for plaintiff.

____ Perkins, for defendant.

COBB, J.

The same question involved in this case was presented to this court in the case of Chapman v. Kimball, 7 Neb. 399, was ably argued by eminent counsel on either side, and the court, as then constituted, was undivided in its views, which were afterwards embodied in the carefully prepared opinion by the present chief justice; which opinion was also examined and concurred in by the writer, who became a member of the court after the decision in said cause had been agreed upon, but before the opinion had been filed. The court in that case say: “Where a covenant is broken at the time of the execution of the deed it does not run with the land. The obligation is merely personal, and limited to the parties to the covenant, and confers no right of action on subsequent purchasers of the estate. * * * * The contract is a present engagement that the grantor has an unencumbered title, and is not in the nature of a covenant of indemnity. The statute of...