Patterson v. Yancy
Supreme Court of Missouri
Appeal from Howard Circuit Court.—Hon. G-. H. Burckhartt, Judge. The justice had no jurisdiction of the subject matter of this action. It required for its determination, the question of what title Yaney conveyed to Patterson in selling him the land on which the taxes were paid. Nancy’s only liability was upon the covenants in his deed. It is not an action of debt, and the only remedy is an action on Yancy’s covenants.
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Appeal from Howard Circuit Court.—Hon. G-. H. Burckhartt, Judge. The justice had no jurisdiction of the subject matter of this action. It required for its determination, the question of what title Yaney conveyed to Patterson in selling him the land on which the taxes were paid. Nancy’s only liability was upon the covenants in his deed. It is not an action of debt, and the only remedy is an action on Yancy’s covenants. The motion to dismiss for this reason should have been sustained by the circuit court. There was no evidence in the circuit court to show any liability in defendant to pay the…
1Opinion of the Court
Philips, C.
This action was begun in a justice’s court, based on the following statement:
“ 1879, August 12th. Robert Taney in account with J. II. Patterson. To amount of taxes paid collector of Howard county on land purchased of him, for which he gave warranty deed, $82.49.”
Plaintiff having recovered judgment thereon, the defendant appealed to the circuit court, where the plaintiff again prevailed. The defendant has brought the case here on appeal.
Both in the justice’s court and circuit court, the defendant moved to dismiss the case, for the reason that the justice had no jurisdiction over the…
2Cases cited1 opinion
- Bredwell v. Loan & Investment Co.Supreme Court of Missouri · 1882
3Cited by2 opinions
- State ex rel. Mary Frances Realty Co. v. HomerMissouri Court of Appeals · 1910
- Winder v. Southwestern Co.New Mexico Supreme Court · 1930