Mackenzie v. Clement
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. Under a covenant of warranty to defendant “against tke lawful claims and demands of all persons whomsoever,” the covenantee is entitled to- recover his costs and the reasonable expenses, including attorneys’ fees, of defending an attack upon the title so warranted in cases where the attack is formidable and made with reasonable ground of recovery, and is not merely a vexatious pretended claim.
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Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. Under a covenant of warranty to defendant “against tke lawful claims and demands of all persons whomsoever,” the covenantee is entitled to- recover his costs and the reasonable expenses, including attorneys’ fees, of defending an attack upon the title so warranted in cases where the attack is formidable and made with reasonable ground of recovery, and is not merely a vexatious pretended claim. In other words, a suit for recovery of the land warranted, brought on probable cause and without malice, is a lawful claim, and it is the…
1Opinion of the CourtEllison, J.
This action was brought to recover attorney’s fees paid by plaintiff in the defense of title to land he had purchased of defendant. There was a demurrer to the petition on the ground that it did not ■state facts sufficient to constitute a cause of action. The demurrer was sustained and plaintiff refusing to amend, judgment was rendered for defendant.
The petition alleges a sale of lots in Kansas City, Missouri, by defendant to plaintiff, the conveyance, by a general warranty deed dated the 22d of March, 1894, containing a clause that defendant would warrant and defend the title against “the…
2Cases cited7 opinions
- Hazelett v. WoodruffSupreme Court of Missouri · 1899
- Meservey v. SnellSupreme Court of Iowa · 1895
- Yokum v. ThomasSupreme Court of Iowa · 1863
- Kane v. FisherSupreme Court of Pennsylvania · 1834
- Long v. WheelerMissouri Court of Appeals · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- A. C. Drinkwater Jr., Farms, Inc. v. Ellot H. Raffety Farms, Inc.Missouri Court of Appeals · 1973