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…
1Opinion of the CourtUantt, P. J.
— This is an action on a covenant of warranty, made by appellant to the respondent, Mrs. Sarah C. Blevins. The land conveyed is the south half of the southeast quarter, section 6, township 46, range 25, Johnson county, Missouri.
The evidence showed title in appellant Smith, at the date of conveyance to respondent, except an outstanding inchoate right of dower in Mrs. Mary E. Collier, the wife of Daniel Collier. Appellant deduced his title from Daniel Collier, by virtue of a tax sale and deed under the act of 1877. It was admitted that Daniel Collier was still alive at the time of the com-,…
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