Legal Opinion

White v. Tucker

Mississippi Supreme Court

Decided April 15, 1876PublishedCited by 4 opinions

Error to the Circuit Court of Leake County. Hon. W. B. CuNNING-ham, Judge. This was an action by Tucker against White as administrator of Huntington, deceased, for breach of the conditions of title bond for land.

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Error to the Circuit Court of Leake County. Hon. W. B. CuNNING-ham, Judge. This was an action by Tucker against White as administrator of Huntington, deceased, for breach of the conditions of title bond for land. Tucker proved eviction of himself, and had verdict and judgment for the $700 of purchase money originally paid by him, and interest thereon, aggregating $1,414. It was disclosed on the trial that Tucker had paid no mesne profits to the true owner when evicted by title paramount, it having been expressly agreed between himself and the .owner that he should pay none, and this agreement…

1Opinion of the CourtChalmers, J.

The action was by Tucker against White as administrator of Huntington, for breach of the conditions of a title bond for land. Tucker proved eviction of himself, and had verdict and judgment for the $700 of purchase money paid originally by him, and interest thereon, aggregating $1,413.98, the interest thus doubling the recovery. The recovery of the interest is the principal error relied on.

It was disclosed on the trial that Tucker had paid no mesne profits to the true owner when evicted by title paramount, it having been expressly agreed between himself and said owner that he should pay none,…

2Cases cited3 opinions

  1. Flint v. SteadmanSupreme Court of Vermont · 1863
  2. Guthrie v. PugsleyNew York Supreme Court · 1815
  3. Kyle's Administrator v. Fauntleroy's AdministratorCourt of Appeals of Kentucky · 1849

3Cited by4 opinions

  1. Ankeny v. ClarkWashington Supreme Court · 1889
  2. Empey v. Northwestern & Pacific HypotheekbankWashington Supreme Court · 1924
  3. Withers v. Bank of Commerce & Trust Co.Mississippi Supreme Court · 1913
  4. Gunter v. BeardSupreme Court of Alabama · 1890

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