Saunders v. McClintock
Missouri Court of Appeals
Appeal from the JacJcson Circuit Court. — Hon. Jas. Gtbson, Judge. Statement of the case: — This was an action by the plaintiff to recover from defendant by virtue of a covenant in the deed from one Michael F. Marks to the defendant, whereby the defendant was made to assume and agree to pay a part of a certain deed of trust on said real estate which said incumbrance at the time was held and owned by the plaintiff.
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Appeal from the JacJcson Circuit Court. — Hon. Jas. Gtbson, Judge. Statement of the case: — This was an action by the plaintiff to recover from defendant by virtue of a covenant in the deed from one Michael F. Marks to the defendant, whereby the defendant was made to assume and agree to pay a part of a certain deed of trust on said real estate which said incumbrance at the time was held and owned by the plaintiff. The petition was in proper form to declare on that covenant, and the defendant’s answer was as follows: “ Defendant for amended answer in the above entitled cause states: First.…
1Opinion of the CourtGill, J.
It will be seen from the foregoing statement of the case that Saunders, on July 8, 1887, sold and conveyed certain land to Cornell Crysler ; that a portion only of the purchase money was paid, the bal,ance thereof being evidenced by promissory notes secured by a deed of trust on the property ; that subsequently Cornell Crysler conveyed the said land to one Marks, who, on July 16, 1887, made a deed for the three-twelfths thereof to defendant McClintock, and that in said deed it was provided that McClintock should pay the three-twelfths of said incumbrance made by said Cornell Crysler for the…
2Cases cited11 opinions
- Dunning v. . LeavittNew York Court of Appeals · 1881
- Cahn v. ReidMissouri Court of Appeals · 1885
- Whitmore v. TatumSupreme Court of Arkansas · 1891
- Fitzgerald v. BarkerSupreme Court of Missouri · 1888
- Crowe v. . LewinNew York Court of Appeals · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hafford v. SmithMissouri Court of Appeals · 1963
- Tuttle v. JockmusSupreme Court of Connecticut · 1930
- State Ex Rel. Wilkinson v. Central Surety & InsuranceMissouri Court of Appeals · 1937
- American National Bank v. KlockMissouri Court of Appeals · 1894
- Becraft v. GristMissouri Court of Appeals · 1893