Falk v. Organ
Missouri Court of Appeals
Appeal from Dent Gircnit Court — Hon. L. B. Wood-side, Judge. (1) Under the testimony the plaintiff was entitled to recover. The deed was executed in 1885; the covenant was breached in 1907. Plaintiff suffered substantial damages and had a right of action therefor after the final decision of the court against his title. R. S. 1909, sec. 1888; Blondeau v. Sheridan, 81 Mo. 554; 8 Am. and Eng.
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Appeal from Dent Gircnit Court — Hon. L. B. Wood-side, Judge. (1) Under the testimony the plaintiff was entitled to recover. The deed was executed in 1885; the covenant was breached in 1907. Plaintiff suffered substantial damages and had a right of action therefor after the final decision of the court against his title. R. S. 1909, sec. 1888; Blondeau v. Sheridan, 81 Mo. 554; 8 Am. and Eng. Ency. of Law (2 Ed.), 91, 93. The Statute of Limitations does not begin to run from the date of the technical breach, hut from the date the cause of action for substantial damages accrued. 8 Am. and Eng.…
1Opinion of the Court
NIXON, P. J'. —
This was an action upon a breach of certain covenants of seisin of a general warranty deed. The action was instituted in the circuit court of Dent county on July 23, 1910. The deed was executed on the 7th day of November, 1885, by the defendants to the plaintiff for the west one-half of the northwest quarter of section 17, township 32, range 3. The alleged value of the property was $400'. The consideration paid was eighty-five cents on acre. The answer of the defendants was a plea of the ten years ’ Statute of Limitations, with an allegation that the land conveyed was wild land…
2Cases cited5 opinions
- Allen v. KennedySupreme Court of Missouri · 1886
- Kirkpatrick v. DowningSupreme Court of Missouri · 1874
- Adkins v. TomlinsonSupreme Court of Missouri · 1894
- Murphy v. PriceSupreme Court of Missouri · 1871
- Evans v. FultonSupreme Court of Missouri · 1896
3Cited by6 opinions
- Carianni v. SchwenkerNew Jersey Superior Court Appellate Division · 1955
- Jeffords v. DreisbachMissouri Court of Appeals · 1913
- Frank v. OrganMissouri Court of Appeals · 1912
- Rainey v. DavidsonMissouri Court of Appeals · 1930
- Kaufman v. DavisMissouri Court of Appeals · 1913
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