Cockrell v. Proctor
Supreme Court of Missouri
Appeal from Dcule Circuit Court.—J. D. Parkinson, Judge. 1. The plaintiff might have ignored the statutory covenants, and declared upon the special covenants contained in the latter clauses of the deed, and had he done so, he would perhaps have been entitled to recover full damages without evidence of eviction or the purchase of a paramount title; but he chose to declare upon the compound covenants, alleging that the defendants were not seized o.f an indefeasible estate in…
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Appeal from Dcule Circuit Court.—J. D. Parkinson, Judge. 1. The plaintiff might have ignored the statutory covenants, and declared upon the special covenants contained in the latter clauses of the deed, and had he done so, he would perhaps have been entitled to recover full damages without evidence of eviction or the purchase of a paramount title; but he chose to declare upon the compound covenants, alleging that the defendants were not seized o.f an indefeasible estate in fee simple. Having done so and failed to prove an eviction or the purchase or even existence of a paramount title or…
1Opinion of the CourtHenry, J.
This was an action commenced in the Barton Circuit Court by plaintiff', to recover damages for an alleged breach of the covenant of seizin, in a deed executed to him by defendants in 1866, conveying the east of the south-west i of section 19, township 82, of range 30, the east of the north-west ¿ of section 8, east J of section 5, southwest i of section 5, east J of north-west i of section 5, north-west £ of north-west {: of section 5, all of section 22, south-west of section 14, and the east J of south-east £ of section 14, all in township 32, range 31, and lying in Barton County. The deed…
2Cases cited3 opinions
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Collier v. Gamble ex rel. McCabeSupreme Court of Missouri · 1847
- Bircher v. WatkinsSupreme Court of Missouri · 1850
3Cited by11 opinions
- Leet v. GratzMissouri Court of Appeals · 1902
- Ogden v. BallSupreme Court of Minnesota · 1888
- Bowne v. WolcottNorth Dakota Supreme Court · 1891
- Jones v. WhitsettSupreme Court of Missouri · 1883
- Pence v. GabbertMissouri Court of Appeals · 1895
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