Blevins v. Smith
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. C. W. Sloan, Judge. (1) The existence of an inchoate right of dower in Mrs. Collier, at the time appellant entered into the covenants, at most constituted only a technical breach of the covenants against incumbrances, and only nominal damages were recoverable.
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Appeal from Johnson Circuit Court. — Hon. C. W. Sloan, Judge. (1) The existence of an inchoate right of dower in Mrs. Collier, at the time appellant entered into the covenants, at most constituted only a technical breach of the covenants against incumbrances, and only nominal damages were recoverable. Sedgwick on -Damages [4 Ed.] 195, note; 4 Kent, Com., art. 4; Rawle on Cov. for Title, 541, 571 ; Collier vf Gamble, 10 Mo. 466; Walker v. Beaver, 79 Mo. 664; Priest v. Beaver, 22 Mo. App. 376; Bickson v. Besire, 23 Mo. 151; Wyatt v. Bunn, 93 Mo. 459; Bunnells v. Weber, 59 Me. 488; 2 Suth. on…
1Concurrence
SEPARATE OPINION.
Thomas, J.
— Daniel Collier owned the south one-half of the southeast quarter of section 6, township 46, range 25, west, in Johnson county, Missouri, and, at the time he so owned this land, a suit was instituted against him for taxes due thereon, which culminated in a judgment and sale of the land. The sale occurred on the eighteenth day of February, 1880, and A. EL Tuttle was the purchaser. The sheriff executed the proper deed for the land to Tuttle under this sale. By a succession of conveyances the defendant acquired all the title to this property that Tuttle acquired by…
2Cases cited29 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Moore v. . the Mayor, Aldermen, C., of New YorkNew York Court of Appeals · 1853
- Vance v. CorriganSupreme Court of Missouri · 1883
- City of Carondelet v. PicotSupreme Court of Missouri · 1866
- Riddick v. WalshSupreme Court of Missouri · 1852
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