Crosby v. Evans
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. Arch A. Johnson, Judge. (1) The answer states no defense. It is true that convenants of seizing and of warranty run with the land-in this State, and inure to the subsequent grantee upon whom loss falls.
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Appeal from Greene Circuit Court. — Hon. Arch A. Johnson, Judge. (1) The answer states no defense. It is true that convenants of seizing and of warranty run with the land-in this State, and inure to the subsequent grantee upon whom loss falls. Coleman v. Lueksinger, 224 Mo. 15; Allen v. Kennedy, 91 Mo. 381; Dixon v. Desire, 23 Mo. 151. But this rule is not applied to a mortgage given for the purchase money, (a) Wthere a conveyance is made with such covenants and a mortgage with like covenants is given for the purchase money, the mortgagor is not estopped biyi his covenants to sue on the…
1Opinion of the CourtGoode, J.
The defendants Mary F. and Susie E. Evans, conveyed by a warranty deed, dated June 25, 1895, recorded April 23, 1903, to George W. Evans, their father, Lot 37 in Block 3 of Hobart’s Addition to the City of North Springlfileld (now Springfield), Missouri. On June 10, 1907, the defendants conveyed the same lot to the plaintiff, William L. Crosby, and his then wife, Jennie Crosby, from whom he was divorced in 1908. That conveyance, both parties agree, contained the covenants to be implied from the words ‘ ‘ grant, bargain and sell;” namely, covenants that the grantors were seized, at the date of…
2Cases cited18 opinions
- Allen v. KennedySupreme Court of Missouri · 1886
- State v. SansoneSupreme Court of Missouri · 1893
- Hubbard v. NortonSupreme Court of Connecticut · 1835
- Rhoades v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1901
- Carter v. ButlerSupreme Court of Missouri · 1915
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- Martin v. JonesSupreme Court of Missouri · 1921
- Commerce Trust Co. v. FouldsMissouri Court of Appeals · 1925