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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McGregor v. Tabor, 26 S. W. (Texas) 443, merely decided that “a defendant in an action involving title to land may, but is not bound to, join his warrantor; and not having clone so, the judgment therein is, as between them, an es-toppel to neither.” As much would be true, we apprehend, under our statutes. In that case no notice had been given by the defendant in the ejectment case to his covenantor, as the opinion explicitly states; and as the latter was not made a *430party, be was, of course, in no way affected by tbe judgment, except as it was competent against him to sbow an eviction. Certainly, if a vendee when sued chooses neither to make his warrantor a co-defendant nor deliver him a notice to defend, he is in no position to say the warrantor is concluded by the judgment.

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