Henderson v. Henderson's Executors
Supreme Court of Missouri
APPEAL PROM PLATTE CIRCUIT COURT. 1. Dower of the grantor’s widow, is an incumbrance covenanted against by a general warranty deed. 4 Mass. R. 629; 10 Mass. R. 318; 23 Pick. 447. 2. The damages in such case is the amount paid for the dower; ibid, and 7 Johns.
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APPEAL PROM PLATTE CIRCUIT COURT. 1. Dower of the grantor’s widow, is an incumbrance covenanted against by a general warranty deed. 4 Mass. R. 629; 10 Mass. R. 318; 23 Pick. 447. 2. The damages in such case is the amount paid for the dower; ibid, and 7 Johns. R. 358. 3. If the deed was made with fraudulent intent, neither the grantor nor his representatives can. avoid it. 2 Bibb, 91; 4 Bibb, 65. 4. The return of a deed to grantor, or its destruction cannot avoid the deed. 4 Wend. 474. 5. The defendant’s evidence should have been rejected-and instructions of defendant refused. The…
1Opinion of the CourtNapton, J.
Perman Henderson brought an action of covenant against the executors of his father, John Henderson, upon a deed of bargain and sale executed by the latter to the former, conveying a certain tract of land in Platte county. The deed contained the words “grant, bargain and sell,” and a covenant of general warranty. The receipt of $766, the consideration of the sale, was acknowledged in the deed.
The breach of covenant assigned was the incumbrance of the dower of John Henderson’s widow (the said John having died after the execution of the deed), and this incumbrance was alleged to be worth two…
2Cited by24 opinions
- Bobb v. BobbSupreme Court of Missouri · 1886
- Kellogg v. MalinSupreme Court of Missouri · 1876
- Hazelett v. WoodruffSupreme Court of Missouri · 1899
- Anderson v. ColeSupreme Court of Missouri · 1911
- Strong v. WhybarkSupreme Court of Missouri · 1907
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