Frank v. Cobban
Montana Supreme Court
Appeal from the District Gourt of Silver Bow county. Action by H. L. Frank against George A. Cobban and .others. From a judgment for defendants, plaintiff appeals. Statement of the case by the justice delivering the opinion. Action to recover the sum of §478.35 from defendants, — ■ ■the amount of taxes paid on certain property by plaintiff.
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Appeal from the District Gourt of Silver Bow county. Action by H. L. Frank against George A. Cobban and .others. From a judgment for defendants, plaintiff appeals. Statement of the case by the justice delivering the opinion. Action to recover the sum of §478.35 from defendants, — ■ ■the amount of taxes paid on certain property by plaintiff. On August 29, 1894, defendant George A. Cobban and others, in consideration of §25 000, executed a warranty deed "to plaintiff for certain property in the city of Butte. The defendant and others, grantors, convenanted and agreed with plaintiff at the time…
1Opinion of the CourtHunt, J.
The convenant of the defendants, who conveyed the premises to plaintiff, was broken by reason of the fact that at the time of the deed the premises were not free, clear, discharged, and unincumbered of and and from all charges, taxes, assessments, and incumbrances, as agreed by the terms of the deed to plaintiff. This is indisputable. But plaintiff, after the delivery to him of the deed, and upon the same day, executed the mortgage to defendants, wherein he expressly covenanted, promised, and agreed to and with defendants to pay and discharge at maturity all such taxes or assessments, liens,…
2Cases cited2 opinions
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- Paul v. MeserveySupreme Judicial Court of Maine · 1870
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