Farber v. Purdy
Supreme Court of Missouri
Error to Audrain Circuit Court. — Hon. G. Porter, J udge. In December, 1869, the plaintiff and defendant entered into a written contract for the sale.of a tract of land, by the terms of which defendant agreed to make payment within two years after trains should begin to run on the Chicago & Alton Railroad, and plaintiff was then to execute a good and sufficient deed in fee simple to the land. Defendant took immediate possession.
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Error to Audrain Circuit Court. — Hon. G. Porter, J udge. In December, 1869, the plaintiff and defendant entered into a written contract for the sale.of a tract of land, by the terms of which defendant agreed to make payment within two years after trains should begin to run on the Chicago & Alton Railroad, and plaintiff was then to execute a good and sufficient deed in fee simple to the land. Defendant took immediate possession. Trains began to run in August, 1871. Defendant paid part of the purchase money, and also paid the taxes on the land for the years 1873 and 1874. This suit was brought…
1Opinion of the CourtHenry, J.
The only question in the case is, who was liable for the taxes assessed against the property after the defendant, under his contract of purchase, took possession. *603In Miller v. Corey, 15 Iowa 166, this precise question was involved, and decided adversely to the vendee. To the same effect are Spangler v. York Co., 13 Pa. St. 322, and Willard v. Blount, 11 Iredell 624. Defendant was the real owner of the land. The title was vested in the plaintiff, hut he held it after the contract of sale as trustee for the defendant. Defendant was in possession, enjoying the pernancy of the profits; and, as…
2Cases cited1 opinion
- Miller v. CoreySupreme Court of Iowa · 1863
3Cited by11 opinions
- Williamson v. NeevesWisconsin Supreme Court · 1897
- Bowls v. Oklahoma CitySupreme Court of Oklahoma · 1909
- Clinton v. ShugartSupreme Court of Iowa · 1904
- Mohr v. JoslinSupreme Court of Iowa · 1913
- Courtney v. Missoula CountyMontana Supreme Court · 1898
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