Frank v. Organ
Missouri Court of Appeals
Appeal from Dent Circuit Court. — Hon. L. B. Woodside, Judge. (1) Under the testimony the plaintiff was entitled to recover. The deed was executed on the 20th day of August, 1897; 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. & Eng. Ency.
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Appeal from Dent Circuit Court. — Hon. L. B. Woodside, Judge. (1) Under the testimony the plaintiff was entitled to recover. The deed was executed on the 20th day of August, 1897; 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. & Eng. Ency. Law (2 Ed.), 91-4. (2) The Statute of Limitations does not begin to run from the date of the technical breach, but from the date the cause of action for substantial damages…
1Opinion of the CourtNixon, P. J.
The facts in this cáse are not controverted between the parties. This is a suit instituted in the circuit court of Dent county by the appellants against the respondent for breach of warranty and in which judgment was rendered against appellants, from which they appeal.
The land involved is the northwest quarter and the southeast quarter of the northeast quarter of section thirty-six, township thirty-one, range three west, in Shannon county, Missouri. On the second day of May, 1881, the north half of the above mentioned section was sold for taxes on a judgment rendered in favor of the collector…
2Cases cited6 opinions
- State v. BuckSupreme Court of Missouri · 1894
- Allen v. KennedySupreme Court of Missouri · 1886
- Kirkpatrick v. DowningSupreme Court of Missouri · 1874
- Murphy v. PriceSupreme Court of Missouri · 1871
- Evans v. FultonSupreme Court of Missouri · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Jeffords v. DreisbachMissouri Court of Appeals · 1913
- Beaty v. CruceMissouri Court of Appeals · 1918
- Kaufman v. DavisMissouri Court of Appeals · 1913
- McGrew v. ElkinsMissouri Court of Appeals · 1931