Yazoo & Mississippi Valley Railroad v. Banister
Yazoo & Mississippi Valley Railroad v. Banister
Opinion of the Court
delivered the opinion of the court.
The Todd case, in 84 Miss., 522 (s.c., 36 South. Rep.,. 1040), and Brooks v. Black, 68 Miss., 161 (s.c., 8 South. Rep., 332; 11 L. R. A. 176; 24 Am. St. Rep., 259), and all the other cases referred to by learned counsel for the appellant, were cases in which the land was susceptible of being rented, and rent was actually paid; and all the expressions in those cases about interest being collected, where rents were paid by the evicted vendee, by the true owner, must, of course, be under
Affirmed.
Reference
- Full Case Name
- Yazoo & Mississippi Valley Railroad Company v. Barrow Banister
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Land. Covenants for title. Breach. Measure of damages. Interest. Where a vendee under a warranty deed is evicted by the holder of the paramount title from wild lands, insusceptible of yielding rent, and none is demanded or paid, the measure of damages foi breach of the covenant is the sum paid for the land with legal interest thereon.