Eaker v. Harvey
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. — Eon. George E. Shields, Judge. (1) This being a suit for breach of a covenant of •warranty in a deed, and plaintiff having been put in possession by the defendant, she could not voluntarily yield up the possession to the detriment of the defendant without legal claim or demand therefor. Morgan v. Railroad, 63 Mo. 129. (2) The judgment in the ejectment suit being void, no right of any character could be based thereon.
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Appeal from St. Louis Circuit Court. — Eon. George E. Shields, Judge. (1) This being a suit for breach of a covenant of •warranty in a deed, and plaintiff having been put in possession by the defendant, she could not voluntarily yield up the possession to the detriment of the defendant without legal claim or demand therefor. Morgan v. Railroad, 63 Mo. 129. (2) The judgment in the ejectment suit being void, no right of any character could be based thereon. The sheriff himself was a trespasser if he had an execution or writ of restitution issuing from this void judgment. Freeman on Judgments,…
1Opinion of the Court
REYNOLDS, P. J. —
Respondent, plaintiff below, brought her action against the defendant, now appellant, to recover damages for breach of covenants of warranty of title to a certain lot in Malden, Dunklin county, this State, known as the east half of outlot number twenty, in that city, conveyed to her and her husband by defendant by a general warranty deed. Averring that her husband had since died and that the title had vested in plaintiff, she avers that she had entered into possession of the premises, and in June, 1907, had relinquished possession thereof to certain parties, here, for…
2Cases cited12 opinions
- Capen v. GarrisonSupreme Court of Missouri · 1906
- Blair v. SmithSupreme Court of Missouri · 1852
- Landes v. PerkinsSupreme Court of Missouri · 1848
- Adams v. WildesMassachusetts Supreme Judicial Court · 1871
- Howell v. SherwoodSupreme Court of Missouri · 1912
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3Cited by1 opinion
- Brinkman v. Western Automobile Indemnity Ass'nMissouri Court of Appeals · 1920