Diggs v. Henson
Missouri Court of Appeals
Appeal from Sté. Genevieve Circuit Court. — Son. Peter S. Such, Judge. (1) The rule of damages for breaches of warranty in the conveyance of land, in case of total failure of title, has ever been limited in this State to the purchase money paid, with interest thereon and costs. The recital in the deed from Henson to Shead of a consideration of one thousand dollars is no evidence of the sum paid by plaintiffs to Shead.
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Appeal from Sté. Genevieve Circuit Court. — Son. Peter S. Such, Judge. (1) The rule of damages for breaches of warranty in the conveyance of land, in case of total failure of title, has ever been limited in this State to the purchase money paid, with interest thereon and costs. The recital in the deed from Henson to Shead of a consideration of one thousand dollars is no evidence of the sum paid by plaintiffs to Shead. In the deed from Shead to plaintiffs the recited consideration is one dollar. So far as plaintiffs are concerned, they are third persons as to the recited consideration in the…
1Opinion of the CourtReynolds, P. J.
This is an action for damages for breach of the covenants -of warranty of title, seizin, etc. By their deed, of date December, 1903, one Henson, joined by his wife, conveyed to one A. T. Shead certain lands in Stoddard county, Missouri, on the named consideration of $1000. The deed was the statutory general warranty deed carrying the usual covenants. Afterwards, on January 2,1904, Shead and wife conveyed, the same land to Diggs and Garando, respondents here, plaintiffs below, the deed, an ordinary quitclaim, purporting to convey the premises, to have and to hold the same, with all the rights,…
2Cases cited14 opinions
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Banking House of Wilcoxson & Co. v. RoodSupreme Court of Missouri · 1896
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- McKee v. DowningSupreme Court of Missouri · 1909
- Allen v. KennedySupreme Court of Missouri · 1886
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3Cited by1 opinion
- Leavea v. Southern Railway Co.Supreme Court of Missouri · 1915