Lawless v. Collier's Executors
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. The title conveyed by Collier having been entirely defeated, the measure of damages is the purchase money .and interest. 10 Mo. Rep. 466. The title derived by Gamble from Collier being a nullity, he abandoned it, and purchases from the person holding the real title. But he obtains no facility for making this purchase from Collier’s deeds to him. •Suppose he had sued Collier on the covenants before buying the real title.
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Error to St. Louis Court of Common Pleas. The title conveyed by Collier having been entirely defeated, the measure of damages is the purchase money .and interest. 10 Mo. Rep. 466. The title derived by Gamble from Collier being a nullity, he abandoned it, and purchases from the person holding the real title. But he obtains no facility for making this purchase from Collier’s deeds to him. •Suppose he had sued Collier on the covenants before buying the real title. Would not his rights, as against Collier, be just what they are now? Again, the title to the tract of forty acres was not quieted by…
1Opinion of the CourtScott, Judge
On the 29th day of September, 1831, George Collier, for the sum of $800, conveyed to H. R. Gamble, in fee, sixteen and a fraction acres of land, with a covenant that he was seized of an indefeasible estate therein. On the 8th of November, 1834, Collier conveyed to Gamble 24 91-100 acres of land for the sum of $1,868, with a like covenant as in the first deed. These two tracts were contiguous and made one parcel, and on the 14th day of March, 1836, were conveyed by Gamble to *482Adam L. Mills, for the sum of twelve thousand dollars, by a deed, containing the covenants expressed by the words ££…
2Cases cited1 opinion
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