Pope v. Coe
| Decision Date | 24 June 1929 |
| Docket Number | 39597 |
| Citation | 225 N.W. 939,208 Iowa 759 |
| Parties | IRENE POPE, Appellant, v. GEORGE W. COE, Administrator, Appellee |
| Court | Iowa Supreme Court |
Appeal from Harrison District Court.--J. S. DEWELL, Judge.
Action at law, to establish against the estate of Minnie B. Cormany deceased (grantor of a certain deed), a claim for damages alleged to have been sustained by plaintiff (grantee) by reason of the breach of covenants in said deed, against incumbrances and against the lawful claims of all persons except as recited in said deed. The opinion states the material facts. Upon the conclusion of the evidence of the plaintiff, the defendant filed a motion for a directed verdict, which motion was sustained generally; and under the direction of the court, a verdict was returned for the defendant. From the judgment taxing costs to the plaintiff the plaintiff appeals.
Affirmed.
Edward J. Robins and William P. Welch, for appellant.
Havens & Elston, for appellee.
DE GRAFF, J.
On the 21st day of September, 1926, one Minnie B. Cormany, a widow (since deceased), sold and conveyed by warranty deed a certain Woodbury County, Iowa, tract of land, comprising 386.74 acres, to Irene Pope. The said deed contained the following covenants:
Upon the death of the grantor, Minnie B. Cormany, on May 13, 1927 the appellee, George W. Coe, was appointed administrator of her estate. On the 4th day of June, 1927, the appellant, Irene Pope, filed her verified claim in said estate, in which she alleged that she was entitled to damages in certain amounts, based on allegations to the effect that she "had been withheld from the possession of any of said land for the crop year of 1927 until it was too late for grantee to farm said lands or make arrangements for lease of same." In plaintiff's petition in the instant case, the plaintiff, Irene Pope, alleged that the administrator (defendant-appellee) failed and neglected to allow this claim as a proper charge against the estate of Minnie B. Cormany, and asked for a hearing on said claim, and to establish the said claim as a proper charge against the estate in question. The defendant administrator answered by general denial, and in addition thereto alleged that, if any person or persons were in possession of said premises, or any part thereof, after plaintiff became such owner, such persons were not in possession and did not claim to be in possession of said premises by virtue of any right acquired from Minnie B. Cormany, the grantor in said deed; that, if the said plaintiff may have been prevented from taking possession of said premises according to the terms of the said deed relied upon by her, Irene Pope, on account of any act, conduct, or omission on the part of said grantor, such facts were known to said Irene Pope at the time she became such owner; that, had she attempted to obtain possession, which was reasonably possible for her to do, she would have greatly reduced and minimized her damages; but that she made no effort to eject the person or persons in possession of said premises, or to have the said Minnie B. Cormany eject said person or persons. Upon the conclusion of the evidence, the defendant administrator moved the court to direct the jury to return a verdict in favor of the defendant, for the following reasons: (1) That the evidence of plaintiff is wholly insufficient to establish her alleged claim; (2) that the plaintiff bases her claim for damages on the alleged breach of covenant of a certain warranty deed (heretofore mentioned), especially the warranty to defend the title to the real estate against the lawful claims of all persons whomsoever; and that there is no evidence offered by plaintiff that the plaintiff was prevented from taking possession of said land because any person or persons made a lawful claim to the said premises under Minnie B. Cormany; (3) that there is no evidence that the...
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