Long v. Wheeler
Missouri Court of Appeals
Appeal from the Linn Circuit Court.—Son. J. P. Butlery Judge. (1) The measure of damages, in this state, for breach of the covenants contained in an ordinary warranty deed, when the covenantee extinguishes the outstanding paramount title, is the amount reasonable and necessarily paid for said outstanding title with interest and legal costs.
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Appeal from the Linn Circuit Court.—Son. J. P. Butlery Judge. (1) The measure of damages, in this state, for breach of the covenants contained in an ordinary warranty deed, when the covenantee extinguishes the outstanding paramount title, is the amount reasonable and necessarily paid for said outstanding title with interest and legal costs. Mathney v. Stewart, 108 Mo. 73, 79; Hutchins v. Roundtree, 77 Mo. 500, 508; Dickson v. Desire’s Adm’r, 23 Mo. 157, 167; Hall v. Bray, 51 Mo. 2'88. See cases cited 8 Am. and Eng. Ency. of Law [2 Ed.], p. 190. In-other states attorney fees are not allowed. 8…
1Opinion of the CourtEllison, J.
This action is for expenses and $600 attorneys’ fees charged to have been expended in defending title to 240 acres of land conveyed to plaintiff by defendant. The trial court found for plaintiff $10 expenses and $200 attorneys’ fee.
Prior to the litigation herein referred to, Chariton county was the owner of large tracts of what are known as “swamp lands.” In a general way, the present controversy relates to 560 acres of these lands in two tracts, one of 240 acres and the other o‘f 320 acres. The equitable title to these lands was transferred by mesne transfers to this defendant. Defendant…
2Cases cited9 opinions
- Crisfield v. StorrCourt of Appeals of Maryland · 1872
- Chestnut v. TysonSupreme Court of Alabama · 1894
- Hazelett v. WoodruffSupreme Court of Missouri · 1899
- Conrad v. EffingerSupreme Court of Virginia · 1890
- Hutchins v. RoundtreeSupreme Court of Missouri · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Cott v. JacklinUtah Supreme Court · 1924
- Pineland Mfg. Co. v. Guardian Trust Co.Missouri Court of Appeals · 1909
- McCrillis v. ThomasMissouri Court of Appeals · 1905
- Mackenzie v. ClementMissouri Court of Appeals · 1910
- Hanly v. StreetMissouri Court of Appeals · 1913