Kellogg v. Malin
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. I. The measure of damages could be no more than a jnst cofnpensation for continuance of incumbrance. (3 Cush., 206; 5 Wis., 22 ; 4 Kent, 476.) II. An easement apparent to grantee is not embraced in'a general covenant. (22 Wis., 628; 16 Ind., 142.) III. If plaintiff was entitled to ¡'ecover at all, the measure of damage would be only the consideration money and interest.
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Appeal from Buchanan Circuit Court. I. The measure of damages could be no more than a jnst cofnpensation for continuance of incumbrance. (3 Cush., 206; 5 Wis., 22 ; 4 Kent, 476.) II. An easement apparent to grantee is not embraced in'a general covenant. (22 Wis., 628; 16 Ind., 142.) III. If plaintiff was entitled to ¡'ecover at all, the measure of damage would be only the consideration money and interest. (4Danf, 475 ; 14Pick., 128; 14 Conn., 245 ; 4 Johns., 1; 13 Id., 50; Caswell vs. Wardell, 4 Mass., 108 ; Martin vs. Long, 3 Mo., 391.) IT. In this case the incumbrance was patent, and the…
1Opinion of the CourtWagner, Judge
Plaintiff, Kellogg, for himself and as administrator of the effects of his former partner, Palmer, brought this action against the defendant for a breach of covenant, against incumbrances. The breach consisted in the right of way, which was decreed by an order of court to the Platte County Railroad, previous to the sale, and for which the defendant received pay.
The answer admitted the execution and delivery of the deed, and the purchase of the land as partnership property, and the existence of the incumbrance. It alleged as defenses, *431.that the grantees had only been partially excluded from…
2Cases cited3 opinions
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Henderson v. Henderson's ExecutorsSupreme Court of Missouri · 1850
- City of St. Louis v. BissellSupreme Court of Missouri · 1870
3Cited by26 opinions
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- Edmonson v. PhillipsSupreme Court of Missouri · 1880
- Missouri State Oil Co. v. PessinaSupreme Court of Missouri · 1950
- Smith v. WhiteWest Virginia Supreme Court · 1913
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