Farrar v. Comfort
Supreme Court of Missouri
Appeal from St. Louis Land Court. I. There is no breach of the bond; and if there were, the plaintiff lias received full accord and satisfaction by tbe charge of the two lots of Howard as advancements in fee. As to the breach of the bond : The bond provides for indemnity to Mrs. Sweringen, as heir of William and Martha Christy, under the conditions of the deed of 20th September, 1832, upon the happening of the contingencies mentioned therein.
Read the full summary
Appeal from St. Louis Land Court. I. There is no breach of the bond; and if there were, the plaintiff lias received full accord and satisfaction by tbe charge of the two lots of Howard as advancements in fee. As to the breach of the bond : The bond provides for indemnity to Mrs. Sweringen, as heir of William and Martha Christy, under the conditions of the deed of 20th September, 1832, upon the happening of the contingencies mentioned therein. No contingency has happened, and no contingency could happen, by which Mrs. Sweringen could take anything under the deed of 1832 as heir of William and…
1Opinion of the CourtDryden, Judge
William Christy and wife, by deed dated 20th September, 1832, convey to their two sons, Edmund and Howard, each two lots in severalty, in the city of St. Louis; habendum as follows:
“ To have and to hold the premises aforesaid, with all the appurtenances thereto belonging, to them and their heirs forever, upon condition that, should either of the grantees herein named die withoirt leaving legal heirs of their body, the survivor shall inherit the whole of the property hereby conveyed; and should both grantees die without leaving legal heirs as aforesaid, the property hereby conveyed shall…
2Cases cited1 opinion
- Farrar v. Christy's AdministratorsSupreme Court of Missouri · 1857
3Cited by3 opinions
- Knisely v. LeatheSupreme Court of Missouri · 1914
- Forder v. DavisSupreme Court of Missouri · 1866
- Walker v. . MebaneSupreme Court of North Carolina · 1884