Frank v. Caruthers
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. M. G. McGregor, Judge. (1) The trial court erred in applying to this case section 8835, Revised Statutes, 1889, providing that title acquired by a grantor after conveyance inures to the grantee. At the time W. J. Swindle conveyed to his children, he did have the legal estate ; the unpaid tax was an incumbrance merely.
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Appeal from Jasper Circuit Court. — Hon. M. G. McGregor, Judge. (1) The trial court erred in applying to this case section 8835, Revised Statutes, 1889, providing that title acquired by a grantor after conveyance inures to the grantee. At the time W. J. Swindle conveyed to his children, he did have the legal estate ; the unpaid tax was an incumbrance merely. Tiedeman on Real Property, secs. 852, 727, 729, 710; Blondeau v. Sheridan, 81 Mo. 545. (2) The evidence tended to show, first, that the deed of September 5, 1877, was purely voluntary and that the grantees never paid one cent or gave any…
1Opinion of the CourtMacfarlane, J.
This suit is ejectment to recover possession of the east half of the northeast quarter of section 21, township 28, range 29, in Jasper county. J udgment was for defendant, and plaintiff appealed.
On the fifth day of September, 1877, William J. Swindle, who is the common source of title, conveyed the land to Timothy Swindle, Ma.ry A. Swindle, Harvey P. Swindle, William B. Swindle and Mary McNala, by deed containing the statutory words, “grant, bargain and sell,” and also covenants of general warranty. These grantees were the children of the grantor, and, while the consideration named in the…
2Cases cited4 opinions
- Mason v. BlackSupreme Court of Missouri · 1885
- Payne v. StantonSupreme Court of Missouri · 1875
- Hasenritter v. KirchhofferSupreme Court of Missouri · 1883
- Pepper v. CarterSupreme Court of Missouri · 1848
3Cited by12 opinions
- McCune v. GoodwillieSupreme Court of Missouri · 1907
- Hallyburton v. Slagle.Supreme Court of North Carolina · 1903
- Cole v. ColeSupreme Court of Missouri · 1910
- Lander v. ZiehrSupreme Court of Missouri · 1899
- Johnson v. MurphySupreme Court of Missouri · 1904
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