Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 418
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418 TURNER V. MILLER. [Term of
Statement of the case.
under the protection of the house as a place of custody and
security, as distinguished from theft of property in the personal
possession of some one having its custody, and not protected by
We are of opinion that the indictment is defective in not
showing the name of the owner of the house, or who was in
possession of it, or averring facts to identify the place, and that
the motion in arrest of the judgment should have been sustained.
The judgment is reversed and case remanded.
Reversed and remanded.
GEORGE S. TURNER AND OTHERS V. C. MILLER.
1. MEASURE OF DAMAGES UPON BROKEN COVENANT OF WARRANTY. The
measure of damages in a suit upon a general warranty of title to land,
after an eviction of the vendee by superior title maintained in a suit
against the vendee, is the purchase-money, with interest; attorney's
fees, in the absence of an express stipulation to pay, will not be
2. Distinguished from Rowe v. Heath (23 Texas, 620); and dicta in that case
ERROR from Colorado. Tried below before the Hon. Livingston
Suit by Miller against the heirs of Turner, on a broken covenant
of warranty, in which he recovered fiom the heirs the
sum of money paid, with interest, and the fees paid by Miller
to his attorney, to defend the suit brought against him for the
land. The only point in controversy was as to the liability of
the warrantor for attorney's fees paid by the vendee to defend
* The opinion in this case applies also to George S. Turner and others v. W. Miller, No.
S43, and George S. Turner v. W. Neihous, No. 444.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/426/: accessed June 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .