Turner v. McAdory

Supreme Court of the United States
Turner v. McAdory, 58 Miss. 27 (1880)
Campbell

Turner v. McAdory

Opinion of the Court

Campbell, J.,

delivered the opinion of the court.

By his purchase of the outstanding, paramount-title, Me— Adory .became entitled to maintain an action against his warrantor of the title for money paid to his use, but the Circuit^ Court did not have the right to order the judgment in favor of the warrantor against McAdory to be credited by the-amount due to the latter from the former. Courts of law have gone to the extent of ordering mutual judgments between parties to be set one against the other, as an incident to the administration of justice between litigants ; but there is no precedent for a court of law, in a system where the administration of justice is divided between courts of chancery and courts of law, to order a demand in favor of the defendant in a judgment to be ci'edited as a payment of the judgment. On this ground we reverse the judgment, and dismiss the motion of McAdory, and discharge the supersedeas of the judgment against him.

Reference

Full Case Name
Milton D. Turner and Wife v. J. W. McAdory
Status
respectively
Syllabus
^Breach oi Warranty. Rights of warrantee. Judgment credited hy order of court.' Jurisdiction. . If, after the breach-of a warranty of title to'land by tbe establishmént of an adverse title paramount to that warranted, the warrantee purchases such paramount title, he has the right to maintain an action against the warrantor for money paid to his use; but a Circuit Court has no power to 'order a ■ judgment obtained by the warrantor against the warrantee for the púrchasemoney of the land .to.be credited with the amount paid out by-the warrantee for the paramount title, the claim therefor not. having been reduced to judgment against the warrantor, and being unliquidated as to him.