Leet v. Gratz
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinne-y, Judge. (1) A judgment in an action of ejectment against a cov-enantee is binding and conclusive upon tbe covenantor whom tbe covenantee bas notified to defend tbe suit. Hence, tbe judgment in tbe case of Gannon v. Leet is conclusive evidence of paramount title in tbe Gannon beirs, so far a3 tbat title is involved in tbis suit.
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Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinne-y, Judge. (1) A judgment in an action of ejectment against a cov-enantee is binding and conclusive upon tbe covenantor whom tbe covenantee bas notified to defend tbe suit. Hence, tbe judgment in tbe case of Gannon v. Leet is conclusive evidence of paramount title in tbe Gannon beirs, so far a3 tbat title is involved in tbis suit. Tbe notice to defend bad tbe effect' of making tbat judgment conclusive evidence tbat tbe title of tbe Gannon beirs was paramount. Fields v. Hunter, 8 Mo. 132; City of St. Louis v. Bissell, 46 Mo.…
1Opinion of the CourtGoode, J.
This action is on a statutory covenant of indefeasible seizin and an express covenant of warranty contained in a deed purporting to convey the title to certain land in St. Louis county, which was executed by Anderson Gratz and wife to Alice A. Harris on the third day of October, 1890. The grantee in said deed, Alice A. Harris, afterwards conveyed the land therein described, by a similar instrument, to the plaintiff Leet on the thirteenth day of February, 1891. Leet remained in possession and peaceful enjoyment of the premises until the twenty-second day of August, 1899, when certain alleged…
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- The Home Life Ins. Co. v. . ShermanNew York Court of Appeals · 1871
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3Cited by7 opinions
- Leet v. GratzMissouri Court of Appeals · 1907
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- McCrillis v. ThomasMissouri Court of Appeals · 1905
- Staed v. RossierMissouri Court of Appeals · 1911
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