Barnhart v. Hughes
Missouri Court of Appeals
Appeal from the Jaekson Circuit Court. — Hon. John W. Henry, Judge. (1) The lien of the assessment of benefits, and of' the judgment rendered thereunder, attached as of the date of the approval of the ordinance for the opening of the street.
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Appeal from the Jaekson Circuit Court. — Hon. John W. Henry, Judge. (1) The lien of the assessment of benefits, and of' the judgment rendered thereunder, attached as of the date of the approval of the ordinance for the opening of the street. Charter, City of Kansas, art/ 7, sec. 5; Revised Ordinances, 1888, p. 64; Blossom v. Van Court, 34 Mo. 390; McLaren v. Sheble, 45 Mo. 130. (2) A covenant against incumbrances runs with the land to the extent, at least, that, while it is technically broken at the time the deed is made, the substantial right of action arises when the covenantee is compelled…
1Opinion of the CourtEllison, J.
This is an action to recover upon a breach of covenants against incumbrances. On January 6, 1887, defendant Hughes conveyed the property in controversy, by warranty deed, to defendant Singleton, with the covenant that “he is lawfully seized of an indefeasible estate in fee, in the premises herein conveyed ; that he has good fight to convey the same ; that the said premises are free and clear of any incumbrance done or suffered by him or those under whom he claims ; *321and that the said Julius C. Hughes will warrant and defend the title to the said premises unto the said parties-of the second…
2Cases cited2 opinions
- Blackie v. HudsonMassachusetts Supreme Judicial Court · 1875
- Winningham v. PennockCourt of Appeals of Kansas · 1889
3Cited by4 opinions
- Green v. TidballWashington Supreme Court · 1901
- Everett v. MarstonSupreme Court of Missouri · 1905
- Bailey v. LevySupreme Court of Alabama · 1925
- Buren v. HubbellMissouri Court of Appeals · 1893