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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*429Tbe overwhelming weight of authority is, that where a covenantor is notified by his covenantee or a subsequent grantee of the estate to whom his covenant has rim, that proceedings have been instituted to recover the land by one claiming to hold the title, accompanied with a demand that he defend against the adverse claim, the covenantor will be bound by the judgment in the case whether he becomes a party thereto after notice given or not; and the judgment will be conclusive proof in an action on his covenant that the title of the successful claimant was good. The precedents in support of this doctrine are far too numerous to be cited, for it appears to be the law in all the States of the Union, except North Carolina, and to be recognized as such by all text-writers on the subject. City of St. Louis v. Bissell, 46 Mo. 157; Walker, Admr., v. Deaver, 5 Mo. App. 150, Id., 79 Mo. 664; Wheelock v. Overshiner, 110 Mo. 100; Rawle on Covenants for Title (5 Ed.), sec. 117; Wade on Law of Notice (2 Ed.), sec. 480, and many eases cited in notes.

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