Rice v. Cook
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Hon. James L. Fort, Judge. (1) The notice to a warrantor of land of tbe adverse suit therefor, in order to conclude him by the judgment therein, must be distinct, unequivocal, and expressly require him to defend such adverse suit. Wheelock v. Overshiner, 110 Mo. 100; McCrillis v. Thomas, 110 Mo. App. 699. (2) Cook .was a necessary party as to the tract claimed by him and was bound to defend that.
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Appeal from Stoddard Circuit Court. — Hon. James L. Fort, Judge. (1) The notice to a warrantor of land of tbe adverse suit therefor, in order to conclude him by the judgment therein, must be distinct, unequivocal, and expressly require him to defend such adverse suit. Wheelock v. Overshiner, 110 Mo. 100; McCrillis v. Thomas, 110 Mo. App. 699. (2) Cook .was a necessary party as to the tract claimed by him and was bound to defend that. An appearance for one purpose is not, necessarily, an appearance for all purposes. Anderson v. Brown, 9 M'o. 646. (3) Where one is bound to protect another from…
1Opinion of the CourtNortoni, J.
This is an action on the usual covenant of warranty contained in a deed of conveyance. Plaintiff recovered and the defendant appeals. It appears that plaintiff purchased from the defendant *3eighty acres of land situate in Stoddard county. The defendant executed to him a deed of conveyance- con-, taining the usual covenants of warranty. About a year after plaintiff purchased the land from the defendant, one Mott and others instituted a suit to define and quiet the title of said lands against both the plaintiff and defendant in the circuit court of Stoddard county. Both plaintiff covenantee and…
2Cases cited2 opinions
- Wheelock v. OvershinerSupreme Court of Missouri · 1892
- McCrillis v. ThomasMissouri Court of Appeals · 1905
3Cited by2 opinions
- Smith v. GainesSupreme Court of Alabama · 1923
- Greensfelder v. Witte Hardware Co.Missouri Court of Appeals · 1915