Bartlett v. Ball
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Hon. Reuben F. Roy, Judge. (1) Section 8839, Revised Statutes 1889, imposes no liability on heirs or devisees. Their liability is to be determined by the common law. At common law, devisee is not liable at all, and the heir only liable on ancestor’s covenants' when expressly named in the covenant. Bartlett’s devisees were not mentioned in the covenant in his deed to Charless.
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Appeal from Pike Circuit Court. — Hon. Reuben F. Roy, Judge. (1) Section 8839, Revised Statutes 1889, imposes no liability on heirs or devisees. Their liability is to be determined by the common law. At common law, devisee is not liable at all, and the heir only liable on ancestor’s covenants' when expressly named in the covenant. Bartlett’s devisees were not mentioned in the covenant in his deed to Charless. Whittlesey v. Brohcmmer, 31 Mo. 98; Bauer v. Griffin, 67 Mo. 654; State v. Miller, 18 Mo. App. 42; Rawle on Oov., secs. 309,596; Tiedeman’s Real Prop., sec. 856. (2) Devisees or heirs…
1Opinion of the CourtSherwood, J.
Action by plaintiff for the assignment of her dower, in lot 57, block 6, in Luce & McAlister’s addition to the city of Louisiana. The action was brought in September, 1893, and the cause tried at the March term, 1895. In 1822, W. H. *0. Bartlett (whose widow and relict brought this action) was resident of Pike county, and on the twenty-second of April of that year he acquired the land in litigation from Marshall Mann, his stepfather, who had previously purchased it at sheriff’s sale on the eleventh of the same month. The deed to Bartlett was executed by both Mann and the mother of Bartlett, and…
2Cases cited7 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Wilson v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1891
- Venable v. Wabash Western Railway Co.Supreme Court of Missouri · 1893
- State v. GritznerSupreme Court of Missouri · 1896
- Leete v. State BankSupreme Court of Missouri · 1897
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- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
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- Smith v. DirckxSupreme Court of Missouri · 1920
- Ferguson v. GentrySupreme Court of Missouri · 1907
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