Jones v. Haseltine
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. Jas. T. Ne-ville, Judge. (1) A covenantee may recover for a breach, of a covenant of warranty without showing actual eviction; it is sufficient if he shows an assertion of a paramount title to which he has yielded either by surrendering possession or extinguishing the paramount title. Lambert v. Estes, 99 Mr. 608; Eagan v. Martin, 71 Mo. App. 65, 81 Mo. App. 676; Leet v. Grate, 92 Mo.
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Appeal from Greene Circuit Court. — Hon. Jas. T. Ne-ville, Judge. (1) A covenantee may recover for a breach, of a covenant of warranty without showing actual eviction; it is sufficient if he shows an assertion of a paramount title to which he has yielded either by surrendering possession or extinguishing the paramount title. Lambert v. Estes, 99 Mr. 608; Eagan v. Martin, 71 Mo. App. 65, 81 Mo. App. 676; Leet v. Grate, 92 Mo. App. 431; Ward v. Ashbrook, 78 Mo. 517; Rawle on Covenants of Title (3 Ed.), pp. 280, 281, 283, 288, 289, 290 with notes on pages 281 to 283; Hall v. Bray, 51 Mr. 288;…
1Opinion of the CourtBland, P. J.
(after stating the facts.) — There is no direct evidence that defendants received any consideration for the lot from either Burgess or plaintiff. Only a conjecture can be formed from plaintiff’s evidence, *679that defendants made a deed in consideration of a surrender to them of the Burgess bond and the cancellation of his note. But the deed imports a consideration, and if there was a breach of the covenant of seizin, plaintiff was entitled to at least nominal damages. In Allen v. Kennedy, 91 Mo. 1. c. 329, 2 S. W. 142, it is said:
“As the covenant of seizin of an indefeasible estate in fee…
2Cases cited4 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Cockrell v. ProctorSupreme Court of Missouri · 1877
- Priest v. DeaverMissouri Court of Appeals · 1886
3Cited by1 opinion
- Texas Southeastern Ry. Co. v. BrownCourt of Appeals of Texas · 1916