Allen v. Miller
Mississippi Supreme Court
Appeal from the chancery court of Copiah county. Hon. H. Cassidy, Special Judge. Shit hy R'. N. Miller against S. L, Allen et al. ' From a judgment overruling a demurrer to the bill defendant, Allen, appeals. It is well settled in this state that the covenantee may purchase a paramount title which is being asserted against him, and under which he must ultimately be evicted. This amounts to a constructive eviction and he may sue upon the covenant.
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Appeal from the chancery court of Copiah county. Hon. H. Cassidy, Special Judge. Shit hy R'. N. Miller against S. L, Allen et al. ' From a judgment overruling a demurrer to the bill defendant, Allen, appeals. It is well settled in this state that the covenantee may purchase a paramount title which is being asserted against him, and under which he must ultimately be evicted. This amounts to a constructive eviction and he may sue upon the covenant. See Kirkpatrick v. Miller, 50 Miss. 521; Dyer v. Brittain, 53 Miss. 270; Cwnmings v. Harrison, 57 Miss. 275. The covenantee may recover in such…
1Opinion of the Court
McLain, C.
The appellant, S. L. Allen, brought suit against It. N. Miller in the circuit court of Copiah county for a breach of warranty of title to land. Miller filed a bill in the chancery court of Copiah county, enjoining the suit at law, to which bill Allen demurred, and which demurrer was overruled by the chancellor, and from that decision, overruling the demurrer, Allen appeals to this court.
To have a clear conception of the legal points involved, it is necessary to give some of the leading facts. In 1802 W. A. Tillman negotiated a loan of money from the British & American Mortgage…
Also in this document: Per curiam.
2Cases cited1 opinion
- Dyer v. BrittonMississippi Supreme Court · 1876
3Cited by6 opinions
- McCoy v. WatsonMississippi Supreme Court · 1929
- Staton v. HenryMississippi Supreme Court · 1922
- Withers v. Bank of Commerce & Trust Co.Mississippi Supreme Court · 1913
- Dale v. HickmanMississippi Supreme Court · 1949
- Rorick v. ChanceySupreme Court of Florida · 1938
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