Irvine v. Leyh
Supreme Court of Missouri
Appeal from St. Charles Circuit Court.—Hon. W. W. Edwards, Judge. (1) If Nancy Irvine had acquired anything from John Howell’s estate, it would have been by devise and not by inheritance. She was not responsible on the breach of warranty in Howell’s deed. Sauer v. Griffin, 67 Mo. 654; 4 Kent’s Com. [11 Ed.] p. 464; Keenv. Watson, 39 Mo.
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Appeal from St. Charles Circuit Court.—Hon. W. W. Edwards, Judge. (1) If Nancy Irvine had acquired anything from John Howell’s estate, it would have been by devise and not by inheritance. She was not responsible on the breach of warranty in Howell’s deed. Sauer v. Griffin, 67 Mo. 654; 4 Kent’s Com. [11 Ed.] p. 464; Keenv. Watson, 39 Mo. App. 172. (2) Under the existing law (R. S. 1889, sec. 8839), heirs and devisees could only be held responsible for the debt of the ancestor to the extent of the property received. But neither, Nancy Irvine nor the appellants, received anything from John…
1Opinion of the CourtBlack, P. J.
John Howell conveyed one hundred and three acres of land to the defendant, Ferdi*365nand Leyh, by a warranty deed dated the twenty-sixth of June, 1866. Howell died leaving an estate which was settled prior to 1873. At the last named date Leyh was dispossessed of a part of the land so purchased by him, so that a cause of action accrued in his favor on the broken covenants of warranty in the deed from John Howell to him. John Howell left five heirs, four of whom settled with Leyh for their respective shares of the damages arising from the breach of the covenants in their father’s deed. Nancy…
2Cases cited2 opinions
- Johnson v. ColemanWisconsin Supreme Court · 1868
- Irvine v. LeyhSupreme Court of Missouri · 1890
3Cited by8 opinions
- Lieber v. LieberSupreme Court of Missouri · 1911
- Jones v. ArnoldSupreme Court of Missouri · 1949
- Ely Walker Dry Goods Co. v. SmithSupreme Court of Oklahoma · 1916
- Wabash Railroad v. MirrieleesSupreme Court of Missouri · 1904
- Gibson v. GibsonSupreme Court of Missouri · 1920
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