Brooks v. Black
Mississippi Supreme Court
From tbe chancery court of Noxubee county. HoN. T. B. Graham, Chancellor. The opinion states the facts. Our contention is that the measure of damages between the vendee and a remote covenantor is the price paid by the former. As the appellee has been evicted only as to one-fourth of the land, he can only recover one-fourth of the sum paid, by him therefor.
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From tbe chancery court of Noxubee county. HoN. T. B. Graham, Chancellor. The opinion states the facts. Our contention is that the measure of damages between the vendee and a remote covenantor is the price paid by the former. As the appellee has been evicted only as to one-fourth of the land, he can only recover one-fourth of the sum paid, by him therefor. The cases which declare the measure of recovery to be the value of the land at the time of the ouster, if there has been an advance in the value, are obsolete, having long ago been overruled. The true rule is that the covenantee cannot…
1Opinion of the CourtCooper, J.
This is a proceeding by attachment in chancery by the appellee, Black, against his remote vendor, Brooks, to recover damages for the breach of warranty of title to certain lands. In 1869 Brooks conveyed the land, with covenants of warranty, to one Spencer, the consideration being the sum of $6296. Spencer executed a deed of trust, with power of sale, to one Smith, to secure the payment of a debt of $400 to Graham, Black & Co. In September, 1878, the debt secured being unpaid, the land was sold, as provided by the trust-deed, and at such sale Black, the appellee, became- the purchaser, at the…
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