Wead v. Larkin

Citations

• 49 Ill. 99

Syllabus

<p>Measure op damages—in action on covenant of warranty. L, a grantee holding a covenant of warranty, was sued in ejectment by O, and a recovery had. 0 conveyed the premises to W, from whom L purchased: Held, in an action of covenant by L against his original grantors, that L, by the deed from W, obtained only the naked legal title, as the conveyance by C to W did not pass O’s claim to mesne profits ; and L, never having paid mesne profits, nor been damnified by the assertion of a claim to them, and O’s right to recover them having been cut off by the statute, prior to the trial of L’s suit, the defendants could only be charged with interest from the date of O’s deed to W, the possession and profits having been enjoyed by L up to that time, under defendant’s deed to him, and his purchase from W only covering the mesne profits back to the time when W’s title accrued.</p>