Jones v. Haseltine
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. Jas. T. Ne-ville, Judge. (1) A covenantee may recover for a breach, of a covenant of warranty without showing actual eviction; it is sufficient if he shows an assertion of a paramount title to which he has yielded either by surrendering possession or extinguishing the paramount title. Lambert v. Estes, 99 Mr. 608; Eagan v. Martin, 71 Mo. App. 65, 81 Mo. App. 676; Leet v. Grate, 92 Mo.
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Appeal from Greene Circuit Court. — Hon. Jas. T. Ne-ville, Judge. (1) A covenantee may recover for a breach, of a covenant of warranty without showing actual eviction; it is sufficient if he shows an assertion of a paramount title to which he has yielded either by surrendering possession or extinguishing the paramount title. Lambert v. Estes, 99 Mr. 608; Eagan v. Martin, 71 Mo. App. 65, 81 Mo. App. 676; Leet v. Grate, 92 Mo. App. 431; Ward v. Ashbrook, 78 Mo. 517; Rawle on Covenants of Title (3 Ed.), pp. 280, 281, 283, 288, 289, 290 with notes on pages 281 to 283; Hall v. Bray, 51 Mr. 288;…
1Concurrence
CONCURRING OPINION.
NORTONI, J.
I concur with Judge Bland in reversing the judgment and remanding the cause, but do not concur entirely in the view of the case indicated by him in the opinion given, and therefore deem it proper to communicate my own views 'Separately.
It appears that defendants executed and delivered the deed to plaintiff which contained the statutory words, “grant bargain and sell” from the employment of which there is implied a covenant, so far as this case is concerned; first, that the defendant grantors were then siezed of an indefeasible estate in fee simple in the lot…
2Cases cited18 opinions
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1856
- Allen v. KennedySupreme Court of Missouri · 1886
- Long v. LongSupreme Court of Missouri · 1883
- Henderson v. Henderson's ExecutorsSupreme Court of Missouri · 1850
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