Egan v. Martin
Missouri Court of Appeals
Appeal from the Chariton Circuit Court. — Hon! W. S. Stockwell, Special Judge. (1) Having found for plaintiff the circuit court erred in the assessment of damages. The plaintiff bought and paid for the entire title but obtained from defendants only an undivided one half thereof. Tiedeman on Real Property, sec. 851, and see authorities there cited. And the covenant of seizin is broken as soon as made when the paramount title is held by a tenant in common with the covenantor.
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Appeal from the Chariton Circuit Court. — Hon! W. S. Stockwell, Special Judge. (1) Having found for plaintiff the circuit court erred in the assessment of damages. The plaintiff bought and paid for the entire title but obtained from defendants only an undivided one half thereof. Tiedeman on Real Property, sec. 851, and see authorities there cited. And the covenant of seizin is broken as soon as made when the paramount title is held by a tenant in common with the covenantor. Downer v. Smith, 38 Yt. 466; Mottv. Palmer, 1 Comstock (N. Y.), 564; Martindale on Conveyancing [2 Ed.], sec. 165, p.…
1Opinion of the CourtSmith, P. J.
statement. This is an action to recover damages for the breach of the covenant of seizin. The case is this: In the year 1855, one John F. Cunningham by deed conveyed to Warren Lodge No. 74, A. & A. M. — incorporated—an undivided *62half of twenty feet fronting on Bridge street and running back the full'depth of the lot on the east side of lot 1, in block 1 in Redding’s addition to the town of Keytesville, on which said lot there was a two story business house. There was a covenant in said deed to the effect that the grantee therein and its successors and assigns should have the exclusive right…
2Cases cited13 opinions
- Shelton v. PeaseSupreme Court of Missouri · 1847
- Adkins v. TomlinsonSupreme Court of Missouri · 1894
- Hutchins v. RoundtreeSupreme Court of Missouri · 1883
- Lawless v. Collier's ExecutorsSupreme Court of Missouri · 1854
- Murphy v. PriceSupreme Court of Missouri · 1871
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Dean v. St. Louis Woodenware WorksMissouri Court of Appeals · 1904
- Eagan v. MartinMissouri Court of Appeals · 1899
- Langenberg v. Chas. H. Heer Dry Goods Co.Missouri Court of Appeals · 1898
- Egan v. MartinMissouri Court of Appeals · 1903