Cited by
Opinions in Minnesota that cite Kimball v. Bryant, 25 Minn. 496.
- Charles Smida v. Isanti Pines Tree Farm, LLC, and third party v. John F. Vande Waa, third party … Minn. Ct. App. 2015
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Charles Smida v. Isanti Pines Tree Farm, LLC, and third party v. John F. Vande Waa, third party …
Minn. Ct. App. 2015
473, 473 (1892) (“[T]he covenant of [seisin] was broken upon the execution of defendants’ deed, vesting in the plaintiff an immediate cause of action.”); Kimball v. Bryant, 25 Minn. 496, 498 (1879) (stating that the covenant of seisin “is completely fulfilled or completely broken on the instant of its execution, and, if broken, vesting at once a right of action in the covenantee”).
- Anderson v. Larson 225 N.W. 903 Minn. 1929
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Anderson v. Larson
225 N.W. 903
Minn. 1929
Kimball v. Bryant, 25 Minn. 496 ; Ogden v. Ball, 38 Minn. 237 , ; Security Bank of Minnesota v. Holmes, 65 Minn. 531 , , 60 A. S. R. 495; Randall v. Macbeth, 81 Minn. 376 , , 83 A. S. R. 387; Allis v. Foley, 126 Minn. 14 , .
- Callaway v. Seaton 194 N.W. 622 Minn. 1923
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Callaway v. Seaton
194 N.W. 622
Minn. 1923
Burke v. Beveridge, 15 Minn. 160 (205) Kimball v. Bryant, 25 Minn. 496 ; Ogden v. Ball, 40 Minn. 94 , ; Allen v. Allen, 48 Minn. 462 , ; Resser v. Carney, 42 Minn. 397 , .
- Knapp v. Foley 168 N.W. 183 Minn. 1918
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Knapp v. Foley
168 N.W. 183
Minn. 1918
The ease comes within the rule applied in Kimball v. Bryant, 25 Minn. 496 , and other similar cases cited in 1 Notes on Minn. Reports, 1230, and still others found in our former decision.
- Vallentyne v. Immigration Land Co. 103 N.W. 1028 Minn. 1905
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Vallentyne v. Immigration Land Co.
103 N.W. 1028
Minn. 1905
Burke v. Beveridge, 15 Minn. 160 (205); Kimball v. Bryant, 25 Minn. 496 .
- Randall v. Macbeth 81 Minn. 376 Minn. 1900
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Randall v. Macbeth
81 Minn. 376
Minn. 1900
In the case of Kimball v. Bryant, 25 Minn. 496 , it was held that although a covenant of seisin was a personal covenant, and, if broken at all, the breach was complete at the date of its execution, yet a conveyance by the covenantee would be sufficient to pass the chose in action to his assignee.
- Security Bank v. Holmes 68 N.W. 113 Minn. 1896
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Security Bank v. Holmes
68 N.W. 113
Minn. 1896
Kimball v. Bryant, 25 Minn. 496 .
- Resser v. Carney 54 N.W. 89 Minn. 1893
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Resser v. Carney
54 N.W. 89
Minn. 1893
Kimball v. Bryant, 25 Minn. 496 , is cited in this connection.
- Allen v. Allen 51 N.W. 473 Minn. 1892
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Allen v. Allen
51 N.W. 473
Minn. 1892
Kimball v. Bryant, 25 Minn. 496 .
- Huntsman v. Hendricks 46 N.W. 910 Minn. 1890
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Huntsman v. Hendricks
46 N.W. 910
Minn. 1890
The rule was stated in Kimball v. Bryant, 25 Minn. 496 , and followed in Ogden v. Ball, 38 Minn. 237 , ( 36 N. W. Rep.
- Ogden v. Ball 36 N.W. 344 Minn. 1888
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Ogden v. Ball
36 N.W. 344
Minn. 1888
In Kimball v. Bryant, 25 Minn. 496 , this court held that the covenant of seizin is personal; that the breach, if any, is instantaneous upon delivery of the deed; and that the measure of damages is prima facie the consideration paid; but that this rule is not absolute, and may be varied by circumstances, such, for instance, as where the covenantee acqu
- Hawthorne v. City Bank 26 N.W. 4 Minn. 1885
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Hawthorne v. City Bank
26 N.W. 4
Minn. 1885
The respondent concedes that, under the doctrine of Kimball v. Bryant, 25 Minn. 496 , without reference to this statute, an action on a covenant against incumbrances can be maintained by an assignee of the grantee.
- Lowry v. Tilleny 18 N.W. 452 Minn. 1884
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Lowry v. Tilleny
18 N.W. 452
Minn. 1884
Kimball v. Bryant, 25 Minn. 496 .
- Shaber v. St. Paul Water Co. 14 N.W. 874 Minn. 1883
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Shaber v. St. Paul Water Co.
14 N.W. 874
Minn. 1883
We have not overlooked the case of Kimball v. Bryant, 25 Minn. 496 , though we have not before adverted to it, as it was not cited or .