Munford v. Keet
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) The sheriff in selling the property under the execution, under which Maggie C. Baker obtained her title, was the agent of both plaintiff and defendant, owing a like duty to each, and bound to protect the interest of all parties concerned.
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Transferred from St. Louis Court of Appeals. (1) The sheriff in selling the property under the execution, under which Maggie C. Baker obtained her title, was the agent of both plaintiff and defendant, owing a like duty to each, and bound to protect the interest of all parties concerned. Conway v. Nolty, 11 Mo. 74; Shaw v. Potter, 50 Mo. 281; Hollingsworth v. Shannon, 113 Mo. 508; Cole Co. v. Madden, 91 Mo. 585; State ex rel. v. Moore, 72 Mo. 285; Hardware Co. v. Building Co., 132 Mo. 454. (2) In this State a covenant against incumbrances is treated and held to be one of indemnity only. Kellog…
1Opinion of the CourtMarshall, J.
Damages for breach of covenant of title.
This cause was certified to this court by the' St. Louis Court of Appeals under section 6 of tbe amendment of tbe Constitution, 1884, because Biggs, J., deemed tbe decision of that court in this case to be contrary to the previous decision of that court in State to use v. Finn, 19 Mo. App. 560.
*40Briefly stated the question for determination is this: the plaintiff sues the defendant for a breach of a covenant of title, contained in a deed of trust executed by him, and seeks to recover six hundred dollars, alleged to have been paid to acquire an outstanding…
2Cases cited5 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Hancock v. BlackwellSupreme Court of Missouri · 1897
- McKenzie v. DonnellSupreme Court of Missouri · 1899
- State ex rel. Knapp, Stout & Co. v. FinnMissouri Court of Appeals · 1885
3Cited by16 opinions
- Patterson v. Horsefly Irrigation DistrictOregon Supreme Court · 1937
- Lennox v. Vandalia Coal Co.Supreme Court of Missouri · 1900
- Fenn v. ReberMissouri Court of Appeals · 1910
- Philadelphia & Reading Relief Asso. v. CommissionerUnited States Board of Tax Appeals · 1926
- Coleman v. LuetckeCourt of Appeals of Texas · 1914
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