Andrus v. St Louis Smelting & Refining Co.
130 U.S. 643 (1889)

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U.S. Supreme Court

Andrus v. St Louis Smelting & Refining Co., 130 U.S. 643 (1889)

Andrus v. St Louis Smelting and Refining Company

No. 260

Submitted April 17, 1889

Decided May 13, 1889

130 U.S. 643

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF COLORADO

Syllabus

A purchaser of land, taking a conveyance from the vendor with a covenant for peaceable possession, cannot maintain an action for its rental value from the date of conveyance until placed in actual possession, in consequence of being kept out by a trespasser, since he might have required the delivery of such possession to accompany the conveyance and the payment of the purchase money.

On the 27th of March, 1879, the plaintiff below, a citizen of Colorado, purchased for the consideration of $875 a lot or parcel of land in the Town of Leadville, Colorado, described in the complaint, and took a conveyance of it from the defendant, the St. Louis Smelting and Refining Company, a corporation created under the laws of Missouri. The deed of conveyance contained covenants that the defendant was seized of an estate in fee simple of the premises; that they were clear of all liens and encumbrances, and that it would warrant and defend the grantee in their peaceable possession against all persons lawfully claiming the same or any part thereof.

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