Buren v. Hubbell
Missouri Court of Appeals
Appeal from the Gnmdy Circuit Court. — Hon. Luther Collier, Special Judge. (1) The first count in appellant’s first amended petition distinctly sets out in plain and concise language each of the covenants contained in the deed made by the respondent, the intermediate conveyances to appellant and the breaches thereof, and states a cause of action against the respondent unless the same is barred by limitation.
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Appeal from the Gnmdy Circuit Court. — Hon. Luther Collier, Special Judge. (1) The first count in appellant’s first amended petition distinctly sets out in plain and concise language each of the covenants contained in the deed made by the respondent, the intermediate conveyances to appellant and the breaches thereof, and states a cause of action against the respondent unless the same is barred by limitation. State ex rel. v. Carroll, 63 Mo. 156. (2) The demurrer admits the truth of all facts pleaded. Butler et al. v. Lawson, 72 Mo. 227-248; Plant and Seed Co. v. Michel Plant and Seed Co., 23…
1Opinion of the CourtSmith, P. J.
— This is a petition with three counts, the first of which alleges, in substance, that on the fifteenth of March, 1880, the defendant by deed conveyed to John G. Hemley certain real estate containing five and one-half acres, and in the granting clause thereof were the words “grant, bargain and sell;” the deed also contained an express covenant that the defendant was lawfully seized of an indefeasible estate' in fee in said premises, and that he had good right to convey the same; that the said premises were free and clear of any incumbrances done or suffered by him or'. those under whom he…
2Cases cited7 opinions
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Devlin v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Kellogg v. MalinSupreme Court of Missouri · 1876
- Blondeau v. SheridanSupreme Court of Missouri · 1884
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3Cited by2 opinions
- Spiro v. RobertsonIndiana Court of Appeals · 1914
- Soderberg v. HoltUtah Supreme Court · 1935