Anthony v. Rockefeller
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — How. J. H. Slover, Judge. 0 (1) The plaintiff having agreed to accept and having accepted the deed to the premises with a full knowledge of all the facts in relation to the improvements and to the possession of the land by the tenants, waived his rights in the premises, and is now estopped to set np the claims he now makes. Williams v. Railroad, 153 Mo. 487, and eases cited.
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Appeal from Jackson Circuit Court. — How. J. H. Slover, Judge. 0 (1) The plaintiff having agreed to accept and having accepted the deed to the premises with a full knowledge of all the facts in relation to the improvements and to the possession of the land by the tenants, waived his rights in the premises, and is now estopped to set np the claims he now makes. Williams v. Railroad, 153 Mo. 487, and eases cited. (2) The improvements having been made by the tenants of defendant, without his knowledge or consent, and, of course, without his consent that they might be removed, and they having…
1Opinion of the CourtEllison, J.
This is an action on the covenants in a general warranty deed to lands lying in the State of Kansas. The plaintiff prevailed in the trial court. Defendant sold the land to plaintiff and conveyed it to him by general warranty deed dated August 15, 1900, containing the usual covenants. It however made the following exceptions to such covenants:
“1. The second party assumes and agrees to pay the taxes levied upon the premises for the year 1900.
“2. The first party shall be entitled to receive the rents of the land for the current year, whether in money or by way of interest in or share of the…
2Cases cited12 opinions
- Loughran v. . RossNew York Court of Appeals · 1871
- Kerr v. KingsburyMichigan Supreme Court · 1878
- Bast v. BankSupreme Court of the United States · 1879
- Watriss v. First National Bank of CambridgeMassachusetts Supreme Judicial Court · 1878
- Beach v. MillerIllinois Supreme Court · 1869
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3Cited by4 opinions
- Morriss v. HesseCourt of Appeals of Texas · 1919
- Kleck v. KleckCourt of Appeals of Texas · 1922
- Hillman v. HedgpethMissouri Court of Appeals · 1980
- Becker and O'Brien v. K. of C. Building Co.Missouri Court of Appeals · 1931