Cummings v. Harrison
Mississippi Supreme Court
Appeal from the Circuit Court of Itawamba County. Hon. J. A. Green, Judge. The appellee, who is the vendee of the appellant’s vendee (each deed containing a general covenant to warrant the title to heirs and assigns), sued the appellant in assumpsit for money paid to buy a paramount title, under which a judgment had been recovered in ejectment for possession of the land.
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Appeal from the Circuit Court of Itawamba County. Hon. J. A. Green, Judge. The appellee, who is the vendee of the appellant’s vendee (each deed containing a general covenant to warrant the title to heirs and assigns), sued the appellant in assumpsit for money paid to buy a paramount title, under which a judgment had been recovered in ejectment for possession of the land. When sued, the appellee verbally notified the appellant, who was present at the ejectment trial and advised as to the de-fence, and yet sought to defeat this action on the ground that the suit might have been successfuly…
1Opinion of the CourtCampbell, J.
In order to bind the warrantor by the result of an action of ejectment against the party holding under him, and to conclude him from showing title when he is sued on his warranty, it is not necessary for the notice to him by the defendant in the action of ejectment to be in writing or in any particular form, or that a demand should be made of him to defend the action. If the warrantor has reasonable notice of the action against his warrantee, and an opportunity to defend.it, he will be bound by the result, and when sued on his warranty, cannot be heard to show that the action of ejectment…
2Cases cited1 opinion
- Kirkpatrick v. MillerMississippi Supreme Court · 1874
3Cited by2 opinions
- Teague v. WhaleyIndiana Court of Appeals · 1898
- Walton v. CampbellNebraska Supreme Court · 1897