Legal Opinion

Stebbins v. Wolf

Supreme Court of Kansas

Decided July 15, 1885PublishedCited by 9 opinions

Error from Atchison District Court. ACTION brought by Oottleib Wolf against W. JR. Stebbins, to recover damages for a breach of the covenant of warranty in a deed of real estate from plaintiff to defendant, situate in Don-iphan county.

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Error from Atchison District Court. ACTION brought by Oottleib Wolf against W. JR. Stebbins, to recover damages for a breach of the covenant of warranty in a deed of real estate from plaintiff to defendant, situate in Don-iphan county. The action was tried in the district court of Atchison county without a jury, at its November Term, 1883, upon an agreed statement of facts, which is as follows: “1. The land described in the plaintiff’s petition was subject to taxation for the year 1871, and assessed, and, the taxes remaining unpaid, was sold for such taxes on. the first Tuesday of May, 1872,…

1Opinion of the Court

The opinion of the court was delivered by

JohnstoN, J.:

One of the disputed points in this case is in regard to the measure of damages for a breach of the covenant of warranty in the conveyance of real estate. The land was purchased from Stebbins by Gottleib Wolf, on November 26,1876, and the consideration agreed to be paid was $375. He held possession of the land from that time until April 1, 1882, when he was evicted by the owner of the paramount title, Elizabeth W. Long. The value of the land at the time of the eviction was $2,300.

Wolf insists that the measure of damages is the value of the…

2Cases cited4 opinions

  1. Booker's administrator v. Bell's executorsCourt of Appeals of Kentucky · 1813
  2. Combs v. Tarlton's AdministratorsCourt of Appeals of Kentucky · 1834
  3. Wead v. LarkinIllinois Supreme Court · 1868
  4. Thompson's heirs v. JonesCourt of Appeals of Kentucky · 1850

3Cited by9 opinions

  1. Hampe v. SageSupreme Court of Kansas · 1912
  2. Madden v. Caldwell Land Co.Idaho Supreme Court · 1909
  3. Maxwell v. ReddSupreme Court of Kansas · 1972
  4. Looney v. ReevesCourt of Appeals of Kansas · 1897
  5. Webb v. HoltMichigan Supreme Court · 1897

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