Murphy v. Price
Supreme Court of Missouri
Error to Cole Circuit Court. This was a suit to recover damages for breach of warranty in a sale of real estate. The petition alleged, among other things, that plaintiff paid defendant for the land $400, but that plaintiff had at no time any title to or possession of the same, for the reason that defendant at no time had any title thereto, since at the time of such conveyance the same was owned by the trustees of the Methodist Episcopal Church of St. Louis.
Read the full summary
Error to Cole Circuit Court. This was a suit to recover damages for breach of warranty in a sale of real estate. The petition alleged, among other things, that plaintiff paid defendant for the land $400, but that plaintiff had at no time any title to or possession of the same, for the reason that defendant at no time had any title thereto, since at the time of such conveyance the same was owned by the trustees of the Methodist Episcopal Church of St. Louis. Plaintiff on the trial offered in evidence, together with other proofs, a deed to the plaintiff of the property in controversy, executed…
1Opinion of the CourtBliss, Judge
This is an action upon the covenants of a deed of conveyance executed by defendants to plaintiff, and the record presents several questions for our consideration.
I. Upon breach of covenants, are the defendants personally liable? The deed is an indenture “made and entered into between Thomas L. Price, Alexander Lee, Thomas Williams, Jos. Brooks and James B. Gfardenhire, trustees of the University of Missouri, at Jefferson City, of the first part, and Richard Murphy, etc., of the second part,” and “witnesseth, that the said parties of the first part, for and in consideration,” etc., “have…
2Cases cited4 opinions
- Duvall v. CraigSupreme Court of the United States · 1817
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Mitchell v. HazenSupreme Court of Connecticut · 1823
- Belden v. SeymourSupreme Court of Connecticut · 1830
3Cited by15 opinions
- Fritz v. PuseySupreme Court of Minnesota · 1884
- McConaughey & Co. v. Bennett's ExecutorsWest Virginia Supreme Court · 1901
- Rex v. CreelWest Virginia Supreme Court · 1883
- Hazelett v. WoodruffSupreme Court of Missouri · 1899
- Curtis v. BrannonTennessee Supreme Court · 1897
10 more not listed; retrieve them via the Exa API.