Pence v. Gabbert
Missouri Court of Appeals
Appeal from the Platte Circuit Court. — Hon. W. S. Hebndon, Judge. (!) A grantee is entitled to recover only nominal damages for breach of warranty of title where he does not surrender possession to the person holding paramount title, or does not show an eviction in favor of the true owner before the suit for damages is instituted. A judgment in ejectment is not an eviction, unless it has been satisfied. An unsatisfied judgment in ejectment is not an eviction.
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Appeal from the Platte Circuit Court. — Hon. W. S. Hebndon, Judge. (!) A grantee is entitled to recover only nominal damages for breach of warranty of title where he does not surrender possession to the person holding paramount title, or does not show an eviction in favor of the true owner before the suit for damages is instituted. A judgment in ejectment is not an eviction, unless it has been satisfied. An unsatisfied judgment in ejectment is not an eviction. At the time this suit was filed, and up to the day of trial, the plaintiff had not surrendered possession of any part of the premises,…
1Opinion of the CourtEllison, J.
This action is based on a petition for breach of covenants of warranty, contained in a deed to certain real estate in Platte county. Judgment was rendered for plaintiff for $1,656.05, which was the consideration paid for the land, including court costs, attorney’s fee, etc., paid by this plaintiff in defense of an action of ejectment. The cause was submitted to the court on the following agreed statement of facts:
“* ® * It is agreed by the parties hereto that on the first day of March, 1888, the defendant’s intestate, George Gabbert, made and executed to the plaintiff a general warranty deed…
2Cases cited6 opinions
- Shelton v. PeaseSupreme Court of Missouri · 1847
- Cowdrey v. . CoitNew York Court of Appeals · 1871
- Cockrell v. ProctorSupreme Court of Missouri · 1877
- Cummins v. KennedyCourt of Appeals of Kentucky · 1823
- Tracy v. GreffetMissouri Court of Appeals · 1893
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3Cited by6 opinions
- Leet v. GratzMissouri Court of Appeals · 1907
- Leet v. GratzMissouri Court of Appeals · 1902
- Pineland Mfg. Co. v. Guardian Trust Co.Missouri Court of Appeals · 1909
- Bishop v. SealMissouri Court of Appeals · 1901
- Egan v. MartinMissouri Court of Appeals · 1897
1 more not listed; retrieve them via the Exa API.