Tapley v. Labeaume's Ex'r

• Decision Date: 30 November 1825
• Citation: 1 Mo. 550
• Parties: TAPLEY v. LABEAUME'S EXECUTOR.
• Court: Missouri Supreme Court

1 Mo. 550

TAPLEY

v.LABEAUME'S EXECUTOR.

Supreme Court of Missouri.

November Term, 1825.

APPEAL FROM ST. LOUIS CIRCUIT COURT.

WASH, J.

This is an action brought by Tapley against Labeaume's executor, for the breach of an express covenant of seizin. The covenant is contained in deed of conveyance for two hundred arpents of land, executed by the defendant and her testator, Louis Labeaume, to the said Tapley, and is set forth in the declaration in the following words: “That the said Louis Labeaume, and his said wife, were then lawfully seized of the said two hundred arpents of land; and that said lands were then free and clear from all right and title of dower, and of all incumbrances whatever. The breach assigned in the declaration is, that the said Louis Labeaume, and his wife, were not lawfully seized of the said two hundred arpents of land, &c. The defendant pleaded that the said Louis Labeaume and his said wife, were lawfully seized of the said two hundred arpents of land, in the said declaration mentioned, at and before the execution and delivery of said deed in the said declaration alleged,” &c. The cause was submitted to the Circuit Court without the intervention of a jury, and judgment was rendered for the plaintiff, and damages assessed by the judge acting as a jury, for the amount of the purchase money with interest. To reverse which judgment, this appeal is now prosecuted. The bill of exceptions set forth, that, in order to maintain the plea aforesaid, the said defendant gave in evidence: first, a grant, or concession, for eight hundred arpents of land, made by Lieut. Gov. Charles Dehault Delassus to one Charles Minville, on the 8th of Dec., 1799; second, a conveyance, dated Dec. 9th, 1803, from said Minville to said Louis Labeaume, for six hundred arpents of the said grant, or concession; third, a conveyance, dated Dec. 26th, 1811, from said Minville to said Louis Labeaume, for the remainder of the said tract of eight hundred arpents; fourth, the deed of conveyance declared on. And the said defendant, in support of his plea aforesaid, further proved, that the tract of eight hundred arpents, aforesaid, was located and surveyed by one James Rankin, deputy surveyor, and an officer of the then existing government, on the 4th day of January, 1804, and that said survey was duly certified and recorded on the 5th March, 1806, and that the land in the plaintiff's declaration mentioned, was part of the eight hundred arpents granted and conveyed as...