Evans v. Fulton
Supreme Court of Missouri
Appeal from Platte Circuit Court. — Hok. W. S. Herndon, Judge. (1) The court erred in overruling plaintiff’s objections to the admission of evidence in support of the allegations made in defendant’s amended answer relating to the alleged purchase, by Chestnut, of the Wy-andotte property.
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Appeal from Platte Circuit Court. — Hok. W. S. Herndon, Judge. (1) The court erred in overruling plaintiff’s objections to the admission of evidence in support of the allegations made in defendant’s amended answer relating to the alleged purchase, by Chestnut, of the Wy-andotte property. Rawle on Covenants for Title [3 Ed.], p. 66. (2) Under the allegations and admissions of defendant’s answer and the facts proved in this case, the court erred in refusing to give the declarations of law, from 1 to 4 inclusive, as offered by plaintiff. Hall v. Bray, 51 Mo. 288; Cockrell v. Proctor, 65 Mo. 41;…
1Opinion of the CourtBubgess, J.
This is an action by plaintiff, public administrator of Platte county, Missouri, in charge of the estate of Caroline Milotte, deceased, on the covenants for seizin, and for title, contained in a deed *656dated March 31, 1886, and executed by the defendant to her, purporting to convey to said Caroline the south half of lot 4, in block 18, in the city of Wyandotte, Kansas.
The petition is in two counts. The first count is for breach of the covenant for seizin, and the second count for breach of the covenant for title.
The petition alleges that defendant was not seized of the premises in question, at…
2Cases cited2 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Hodges v. ThayerMassachusetts Supreme Judicial Court · 1872
3Cited by12 opinions
- Faller v. Davis Et Ux.Supreme Court of Oklahoma · 1911
- Howard v. HurstMissouri Court of Appeals · 1911
- Baughman v. FultonSupreme Court of Missouri · 1897
- Wiggins v. StephensTexas Commission of Appeals · 1922
- Falk v. OrganMissouri Court of Appeals · 1911
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