Legal Opinion

Blossom v. Van Court

Supreme Court of Missouri

Decided March 15, 1864PublishedCited by 16 opinions

Appeal from St. Louis Land Gowt. This suit was commenced December 15, 1857, and was submitted to the Land Court upon the following facts: “Benjamin J. Yan Court and Alexander Yan Court acquired the lot of ground in the year 1847, by deed dated December 23,1847. On the 30th March, 1858, Alexander Yan Court and wife made a deed to Benjamin J. Yan Court. “On February 11th, 1857, Benj. J. Yan Court made to plaintiff a deed of “ grant, bargain and sale” in the usual form.

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Appeal from St. Louis Land Gowt. This suit was commenced December 15, 1857, and was submitted to the Land Court upon the following facts: “Benjamin J. Yan Court and Alexander Yan Court acquired the lot of ground in the year 1847, by deed dated December 23,1847. On the 30th March, 1858, Alexander Yan Court and wife made a deed to Benjamin J. Yan Court. “On February 11th, 1857, Benj. J. Yan Court made to plaintiff a deed of “ grant, bargain and sale” in the usual form. At that time there were arrears of taxes due upon the land or lot of ground described in the deed to plaintiff for several…

1Opinion of the Court

Bates, Judge,

delivei’ed the opinion of the court.

This is a suit upon the covenant against encumbrances expressed in the words “ grant, bargain and sell,” in a conveyance of land.

The only question upon which it is necessary to give an opinion is as to the liability of Van Court to pay the taxes for the year 1857, his deed to Blossom having been made on the eleventh day of February in that year, and he having been the owner of the land on the first day of February.

1. The State and county taxes constitute a liability of the owner of the property, as well as an encumbrance upon the land itself,…

2Cited by16 opinions

  1. Morey Engineering & Construction Co. v. St. Louis Artificial Ice Rink Co.Supreme Court of Missouri · 1912
  2. Stafford v. FizerSupreme Court of Missouri · 1884
  3. United States v. Certain Land in City of St. Louis, Mo.District Court, E.D. Missouri · 1939
  4. McLaren v. ShebleSupreme Court of Missouri · 1869
  5. Timber Traders, Inc. v. JohnstonWashington Supreme Court · 1976

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