Legal Opinion

O'Meara v. McDaniel

Supreme Court of Kansas

Decided July 15, 1892PublishedCited by 3 opinions

Error from Meade District Court. Action by McDaniel against O’Meara and another, for breach of certain covenants in a deed. Judgment for plaintiff, at the September term, 1889. Defendants brings the case to this court.

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Error from Meade District Court. Action by McDaniel against O’Meara and another, for breach of certain covenants in a deed. Judgment for plaintiff, at the September term, 1889. Defendants brings the case to this court. The first question is the error committed by the trial court in sustaining a demurrer to the fourth defense in the answer, which is as follows: “For a fourth and further defense to the petition of the plaintiff, the defendant alleges as follows, to wit: That the plaintiff, ever since the 24th day of March, 1887, was and now is in the quiet and peaceable possession of the said…

1Opinion of the Court

The opinion of the court was delivered by

Valentine J.:

This was an action commenced in the district court of Meade county, on February 9, 1889, by Edgar McDaniel against M. J. O’Meara and M. H. Ewart, for damages for alleged breaches of certain covenants contained in a deed of conveyance of real estate executed by the defendants to the plaintiff on March 24,1887. The covenants contained in the deed are as follows:

“ That at the delivery of these presents they are lawfully seized in their own right of an absolute and indefeasible estate of inheritance, in fee simple, of and in all and singular…

2Cases cited2 opinions

  1. Stebbins v. WolfSupreme Court of Kansas · 1885
  2. Hammerslough v. HackettSupreme Court of Kansas · 1892

3Cited by3 opinions

  1. Bolinger v. BrakeSupreme Court of Kansas · 1897
  2. Anderson v. OlsonNorth Dakota Supreme Court · 1935
  3. Guarantee Title & Trust Co. v. Viola State BankSupreme Court of Kansas · 1928

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