Wyatt v. Dunn
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Silas Woodson, Judge. (1) The court erred in admitting any testimony in favor of plaintiffs. The petition upon its face showed that the only ground relied upon to make out the case of the plaintiffs was a sale of a tract of land in the state of Illinois, upon which there was a judgment lien and a warranty in the deed against incumbrances.
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Appeal from Buchanan Circuit Court. — Hon. Silas Woodson, Judge. (1) The court erred in admitting any testimony in favor of plaintiffs. The petition upon its face showed that the only ground relied upon to make out the case of the plaintiffs was a sale of a tract of land in the state of Illinois, upon which there was a judgment lien and a warranty in the deed against incumbrances. This covenant evidently was broken so soon as made, and the right of action accrued immediately to Cavanaugh, was a personal covenant, and did not run with the land. 2 Wait’s Act. and Del, 372, 380. (2) The' vendee…
1Opinion of the CourtHenry, C. J.
On the ninth day of October, 1865, John W. Dunn, the husband of the defendant, purchased of John Van Luven the real estate in controversy in this action, lying in Atchison county, Missouri, and had the vendor to convey it by deed to his wife, the defendant. In August, 1864, John W. Dunn sold and conveyed to one Cavanaugh a tract of two hundred and forty acres of land in Champagne county, Illinois, by warranty deed with express covenant against incumbrances, of seisin, and to warrant and defend, etc. In August, 1862, one Brounfield obtained a judgment against Dunn for $802.33 in the circuit…
2Cases cited4 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1856
- Magwire v. RigginSupreme Court of Missouri · 1869
3Cited by6 opinions
- Seibert v. BergmanTexas Supreme Court · 1898
- Killilea v. DouglasWisconsin Supreme Court · 1907
- McClure v. DeeSupreme Court of Iowa · 1902
- Press v. DavisCourt of Appeals of Texas · 1938
- Winningham v. PennockCourt of Appeals of Kansas · 1889
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