Turner v. Miller
Texas Supreme Court
Error from Colorado. Tried below before the Hon. Livingston Lindsay. Suit by Miller against the heirs of Turner, on a broken covenant of warranty, in which he recovered from the heirs the sum of money paid, with interest, and the fees paid by Miller to his attorney, to defend the suit brought against him for the land. The only point in controversy was as to the liability of the warrantor for attorney’s fees paid by the vendee to defend the title.
1Opinion of the CourtRoberts, C. J.
This case is brought up as an “ agreed “ case ” under the statute, presenting one question, which is, what is the measure of damages in a suit upon a general warranty of title to land, after an eviction of the vendee, by superior title, maintained in a suit against the vendee. (Paschal’s Digest, Article 1516.)
The judgment was rendered upon, and in accordance with the following verdict: “We, the jury, find for the plaintiff “ the sum of five hundred and fifty-four dollars and twenty-Í“ four cents in gold, amount of purchase-money and cost due, “ and the further sum of one hundred and six…
2Cases cited2 opinions
- Rowe v. HeathTexas Supreme Court · 1859
- Hall v. YorkTexas Supreme Court · 1859
3Cited by18 opinions
- Houston & T. C. R'y Co. v. JacksonTexas Supreme Court · 1884
- Hollingsworth v. MexiaCourt of Appeals of Texas · 1896
- Sherrick v. WylandCourt of Appeals of Texas · 1896
- Houston Production Co. v. TaylorCourt of Appeals of Texas · 1930
- Elliott v. ElliottSupreme Court of Arkansas · 1972
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