Jeffords v. Dreisbach
Missouri Court of Appeals
Appeal from Jasper Circuit Court, Division Number Two . — Eon. David E. Blair, Judge. (1) There was no representation or covenant of quantity contained in defendant’s deed to plaintiff, but the defendant deeded the property by lot numbers. Hence no breach of the covenants of seizin, even though the paramount title to the strip in question was in another. Wood v. Murphy, 47 Mo. App. 539; Adkins v. Quest, 79 Mo. App. 36; Martin v. Stone, 79 Mo.
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Appeal from Jasper Circuit Court, Division Number Two . — Eon. David E. Blair, Judge. (1) There was no representation or covenant of quantity contained in defendant’s deed to plaintiff, but the defendant deeded the property by lot numbers. Hence no breach of the covenants of seizin, even though the paramount title to the strip in question was in another. Wood v. Murphy, 47 Mo. App. 539; Adkins v. Quest, 79 Mo. App. 36; Martin v. Stone, 79 Mo. App. 309; Ferguson v. Dent, 8 Mo. 667; McCreary v. Douglas, 5 Tex. Civ. App. 539. (2) The executed deed became the final and complete contractual…
1Opinion of the Court
OPINION.
FARRINGTON, J.
(after stating the facts).— Error is assigned in the refusal of the trial court to *582sustain defendant’s demurrer to the evidence. A sufficient answer is that defendant waived his demurrer ( by introducing his evidence instead of standing on the demurrer or again presenting it at the close of all the evidence. [Lohnes v. Baker, 156 Mo. App. 397, 137 S. W. 282; Tremain v. Dyott, 161 Mo. App. 217, 142 S. W. 760.]
The important contentions made by appellant are: (1) . That under the facts the plaintiff is not entitled to the finding of the court and the judgment rendered, for…
2Cases cited15 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Rutherford v. TracySupreme Court of Missouri · 1871
- Adkins v. TomlinsonSupreme Court of Missouri · 1894
- Murphy v. PriceSupreme Court of Missouri · 1871
- Wood v. MurphyMissouri Court of Appeals · 1892
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3Cited by5 opinions
- Gonzales v. GarciaNew Mexico Supreme Court · 1976
- McGinley v. MartinCourt of Appeals for the Eighth Circuit · 1921
- Quick v. WilliamsMissouri Court of Appeals · 1925
- Rainey v. DavidsonMissouri Court of Appeals · 1930
- Kaufman v. DavisMissouri Court of Appeals · 1913