Holladay v. Menifee
Missouri Court of Appeals
Error to Cooper Circuit Court, Hon. E. L. Edwards, Judge. Statement of case by the court. The petition in this case alleges, in substance, that Dr. Jonas Menifee, of Nicholas county, Kentucky, died testate, leaving a will, which was duly admitted to probate, in 1866, in said county and state.
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Error to Cooper Circuit Court, Hon. E. L. Edwards, Judge. Statement of case by the court. The petition in this case alleges, in substance, that Dr. Jonas Menifee, of Nicholas county, Kentucky, died testate, leaving a will, which was duly admitted to probate, in 1866, in said county and state. By this will he left his 'property to his son, Frank S. Menifee, and wife, Mary, to hold and enjoy ‘during their joint lives, and to the survivor of them during life, with remainder to their children. C. W. Hamilton, Warder Hamilton, and F. Munger were designated as executors and trustees of said will;…
1Opinion of the CourtPhilips, P. J.
I. This action must fail for the reason that plaintiff has failed to make proof of failure of title to the Kentucky land. Had the deed made by the executor to plaintiff contained full covenants of title and for quiet enjoyment, after the purchaser was let into the possession of the premises thereunder, there could be no recovery of substantial damages without proof of eviction, or its equivalent under a paramount title. While the grantee may recover nominal damages for breach of covenant of title, on proof of outstanding paramount title subsisting at the time of making the deed, without an…
2Cases cited7 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Hunter v. HunterSupreme Court of Missouri · 1872
- Murphy v. PriceSupreme Court of Missouri · 1871
- Collier v. Gamble ex rel. McCabeSupreme Court of Missouri · 1847
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3Cited by4 opinions
- Hazelett v. WoodruffSupreme Court of Missouri · 1899
- Leet v. GratzMissouri Court of Appeals · 1902
- Pence v. GabbertMissouri Court of Appeals · 1895
- Egan v. MartinMissouri Court of Appeals · 1897