Waldermeyer v. Loebig
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Moses N. Sale, Judge. (1) Whatever the covenants, they were those of the covenantors individually. Murphy v. Price, 45 Mo. 249; Foote v. Clark, 102 Mo. 401; Donahoe v. Emery, 9 Met.
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Appeal from St. Louis City Circuit Court. — Eon. Moses N. Sale, Judge. (1) Whatever the covenants, they were those of the covenantors individually. Murphy v. Price, 45 Mo. 249; Foote v. Clark, 102 Mo. 401; Donahoe v. Emery, 9 Met. (Mass.) 66. (2) ■ The deed of trust attempted to convey a fee within Sec. 907, R. S. 1899. McCulloch v. Holmes, 111 Mo. 447; Ewing v. Shanna-ban, 113 Mo. 193. (3) The joint or several liability of covenantors is determined by tbe language used and not by tbe nature óf tbeir respective interests. Pratt v. Clark, 57 Mo. 189'; Pratt v. Eaton, 65 Mo. 161; Coleman v.…
1Opinion of the CourtGantt, P. J.
The learned counsel for tbe plaintiff very aptly denominates this cause as tbe aftermath of Waldermeyer v. Loebig, 183 Mo. 363. Tbe petition in tbe present case filed December 19, 1904, declared for tbe breach of covenants of title alleged to have been contained in tbe deed of trust which was before tbe court upon other considerations in that case. Tbe petition in substance alleges that tbe defendant, Mrs. Loebig, tbe widow of John Loebig, deceased, and one D. Ind. Neudorf, in February, 1897, in consideration of a loan of $7,000 then made by tbe plaintiff and to secure tbe same, executed to…
2Cases cited6 opinions
- Utter v. SidmanSupreme Court of Missouri · 1902
- Agan v. ShannonSupreme Court of Missouri · 1890
- Bean v. KenmuirSupreme Court of Missouri · 1885
- Butcher v. RogersSupreme Court of Missouri · 1875
- Moore v. HarrisSupreme Court of Missouri · 1887
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3Cited by10 opinions
- Ashbaugh v. AshbaughSupreme Court of Missouri · 1918
- Willis v. RobinsonSupreme Court of Missouri · 1922
- Zinn v. SidlerSupreme Court of Missouri · 1916
- Fancher v. ProckSupreme Court of Missouri · 1935
- Benton v. JonesCourt of Appeals of Texas · 1920
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