British & American Mortgage Co. v. Todd
Mississippi Supreme Court
British & American Mortgage Co. v. Todd, 84 Miss. 522 (Miss. 1904)
Truly
British & American Mortgage Co. v. Todd
Opinion of the Court
delivered the opinion of the court.
The opinion of the special judge in the court below is so luminous and accurate in its statement of the law, and so just in its conclusions on the peculiar facts of this case, that we adopt it as our own, and direct that it be published in full as the opinion of this court.
The judgment is affirmed on direct and cross-appeal.
Reference
- Full Case Name
- British and American Mortgage Co. v. Benjamin L. Todd
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Vendor and Vendee. Warranty of title. Breach. Damages. Interest. Interest on the purchase maney paid for land is not recoverable as damages for breach of warranty of title when the evicted grantee has been acquitted of all liability to the owner of the land for mesne profits without paying the same; and in such case the proportion between the amount of the interest and the value of the mesne profits is wholly immaterial. 2. Same. Mesne profits. Improvements and taxes. Proportion. The measure of damages recoverable for breach of warranty of title is not affected by the proportion that exists between the value of the mesne profits received by the evicted grantee and his 'outlay for improvements and taxes. 3. Same. Surplus. Set-off. Purchase money. The surplus of mesne profits received by an evicted grantee in excess of his outlay for improvements and taxes cannot in an action for breach of warranty of title be set off against the purchase money of the land on the ground that the same has been credited upon a mortgage debt due to the warrantor, in an equity suit wherein the mortgagor has procured the cancellation of the warrantor’s purchase of the land under an invalid foreclosure of the mortgage.