Leet v. Gratz, 92 Mo. App. 422 (1902)

Citation: Leet v. Gratz, 92 Mo. App. 422 (1902)
Parent Document: Leet v. Gratz, 92 Mo. App. 422 (1902)
Jurisdiction: Missouri (state)
Effective Date: 1902-02-18
Original Source: https://www.courtlistener.com/opinion/8296427/leet-v-gratz/ ↗

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The view taken by the circuit court, of this case, as appears from the instructions given and refused and the judgment, was, that the judgment in the ejectment case conclusively establishes against the defendant in the present action that the title on which plaintiffs were adjudged the possession of the land, or the right to possession, was superior to Beet’s, and, hence, conclusively establishes, also, that there was a breach of the covenant of warranty contained in Gratz’s deed to Alice A. Harris, on which the plaintiff was entitled to recover as a subsequent grantee of the land; but that the amount of his recovery must be limited to the sum he paid to the adult heirs for conveying their interest to him, plus the necessary expense and costs he had been put to in defending the action. In other words, the trial court held that ueither the deed of the Mississippi Valley Trust Company as curator of the minor Gannon heirs, nor the order of the court purporting to divest title out of the plaintiffs in the ejectment suit, was effectual to transfer to Leet the title of said minors, and as their title was still outstanding, he could not compel Gratz to reimburse him for the amount he paid to acquire it.

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