Isaac Walker's Administrator v. Deaver
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. A widow is not entitled' to dower until her husband’s debts shall have been paid.— Kennedy v. Insurance Go., 11 Mo. 204; Montrose v. Vallé, 19 Mo. 621. A covenantor is not liable for the increased value of property. — Slaats v. Ten Fydc, 3-Caines, 111; Pitcher v. Livingston, 4 Johns. 1. But only for the value at the time of the purchase. — McLanahan v..
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Appeal from St. Louis Circuit Court. A widow is not entitled' to dower until her husband’s debts shall have been paid.— Kennedy v. Insurance Go., 11 Mo. 204; Montrose v. Vallé, 19 Mo. 621. A covenantor is not liable for the increased value of property. — Slaats v. Ten Fydc, 3-Caines, 111; Pitcher v. Livingston, 4 Johns. 1. But only for the value at the time of the purchase. — McLanahan v.. Porter, 10 Mo. 746. In this case, the covenantor was not-liable for more than an annuity equal to six per cent per annum on one-third of the consideration-money, nor is he-liable for costs of the suits…
1Opinion of the CourtBakewell, J.
This is an action brought against defendants, the children and heirs of Larkin Deaver, deceased, to recover an amount claimed to have been paid to extinguish an encumbrance on *142property sold with warranty to the ancestor of defendants. The petition alleges that plaintiff is the administrator de bonis non of Isaac Walker, deceased ; that on Feb. 21,1830, Larkin Deaver, in consideration of $5,000, conveyed to Joshua Walker a lot in St. Louis, and that, by said deed, Deaver covenanted that the said premises ‘ ‘ were free and clear of all encumbrances,” and also that he would warrant and defend…
2Cases cited12 opinions
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Chauvin v. Wagner & DorsettSupreme Court of Missouri · 1853
- Henderson v. Henderson's ExecutorsSupreme Court of Missouri · 1850
- Magwire v. RigginSupreme Court of Missouri · 1869
- Boyd Ex. v. WhitfieldSupreme Court of Arkansas · 1858
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Leet v. GratzMissouri Court of Appeals · 1902
- Priest v. DeaverMissouri Court of Appeals · 1886
- Ward v. AshbrookSupreme Court of Missouri · 1883
- White v. StevensMissouri Court of Appeals · 1883
- McCord v. MasseyAppellate Court of Illinois · 1894
3 more not listed; retrieve them via the Exa API.