the grantor, and covenants for the payment of rent or of taxes or assessments upon the land, on the part of the grantee.” No other covenants are named, and the foregoing exclude the covenant of seisin. Neither can we hold that a conveyance of land by one who has a right of action upon a breached covenant of seisin works an assignment of the cause of action. The only effect of such a holding is to make the covenant run with the land, which is contrary to the expressed will of our law makers. For the reason heretofore given the judgment in these cases must be reversed, and the actions dismissed. It is so ordered. All concur.
Corliss, C. J., having been of counsel, did not sit on the hearing of the above cases; Judge Templeton, of the first judicial district, sitting by request.
Gull River Lumber Company, Plaintiff and Respondent, v. School District No. 39, Barnes County, D. T., Defendant and Appellant.
1. Practice—Findings of Fact.
Where the trial court determines the issues of fact without a jury, the requirement of the statute as to findings is mandatory, and not directory. In such cases it is the duty of the trial court without request to make express findings of the ultimate facts which are material and arise upon the pleadings. Accordingly where the district court, in such case, made no express findings of the ultimate facts which were in issue, but instead of doing so adopted certain documentary evidence, and a certain stipulation of facts, as its findings of fact, and from such findings drew certain legal conclusions, upon which judgment was entered, held reversible error.
2. Capital Bank v. School District Followed.
Upon the merits this case will be governed by the principles of law laid down in another case like it, decided at the present term of this court, i. e., Capital Bank of St. Paul v. School District No. 53, ante, 479.
(Opinion Filed November 29, 1890.)
APPEAL from district court, Barnes county; Hon. William H. Francis, Judge.
Herman Winterer and F. H. Remington, for appellant; White & Hewit, for respondent.
