Collier v. Cowger
Supreme Court of Arkansas
APPEAL from Yell Circuit Court in Chancery, Dardanelle District. G. S. Cunningham, Judge. This is an action to recover damages for a breach of the covenant contained in a deed executed by the defendant to the plaintiff’s wards, who are the minor heirs of J. H. Cowger, deceased.
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APPEAL from Yell Circuit Court in Chancery, Dardanelle District. G. S. Cunningham, Judge. This is an action to recover damages for a breach of the covenant contained in a deed executed by the defendant to the plaintiff’s wards, who are the minor heirs of J. H. Cowger, deceased. The complaint makes in substance the following averments: That on the 29th day of November, 1884, in consideration of the sum of $274.69 cash, paid by plaintiff below to appellee for said minors, the appellee executed and delivered to said minors a deed, conveying to them certain described land. That he warranted the…
1Per curiam
Warrant Eviction. Damage. A judgment against a covenantee in possession upon foreclosure of a lien created prior to the covenant, rendered after notice to the warrantorto appear and defend, is conclusive of the existence of an outstanding paramout incumbrance. It is a constructive eviction, and he is entitled to his action upon the covenant. Where the covenantee buys in the outstanding incumbrance to protect his estate, he is entitled to recover the sum expended in so doing, provided such sum does not exceed the amount paid to the warrantor for the property, with the legal interest on such…
2Cited by16 opinions
- Dillahunty v. Railway Co.Supreme Court of Arkansas · 1894
- Fox v. PinsonSupreme Court of Arkansas · 1930
- Brady v. Bank of Commerce of CowetaSupreme Court of Oklahoma · 1913
- Shelton v. RatterreeSupreme Court of Arkansas · 1915
- West Coast Manufacturing & Investment Co. v. West Coast Improvement Co.Washington Supreme Court · 1903
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