Austin v. Shipman
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Ro». W. N. Evans, Judge. (1) The land of Isaac Shipman, original patentee, descended subject to the payment of his debts and until the appointment of an administrator the Statute of limitations did not begin to run against his debts. Woerner’s Law of Administration, sec. 401; Ayers Admr. v. Donnell, Ext’r, 57 Mo. 398; Little v. Reid, 75 Mo. App. 398; Stanton v. Gibbons, 103 Mo.
Read the full summary
Appeal from Howell Circuit Court. — Ro». W. N. Evans, Judge. (1) The land of Isaac Shipman, original patentee, descended subject to the payment of his debts and until the appointment of an administrator the Statute of limitations did not begin to run against his debts. Woerner’s Law of Administration, sec. 401; Ayers Admr. v. Donnell, Ext’r, 57 Mo. 398; Little v. Reid, 75 Mo. App. 398; Stanton v. Gibbons, 103 Mo. App. 267. (2) Defendant was obliged to furnish a good title,, a merchantable title to appellant. Every purchaser of land has a right to demand a title which shall protect him from…
1Opinion of the Court
NIXON, P. J. —
On the 13th day of November, 1908, the plaintiff, Lyman A. Austin, entered into a written contract with Mullin & Durnell, real estate brokers at Mountain View, in Howell county, Missouri, for the purchase of 160: acres of land owned by the defendant, Isaac Shipman, in said county. The contract contained, among other provisions, the following:. . the said party of the .first part will convey and assure to the party of the second part, in fee simple, clear .of all encumbrances whatever by a good and sufficient warranty deed, and abstract of title, the following lot, piece or…
2Cases cited9 opinions
- Lessenich v. SellersSupreme Court of Iowa · 1903
- St. Joseph Union Depot Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1895
- Meyer v. ChristopherSupreme Court of Missouri · 1903
- Boas v. FarringtonCalifornia Supreme Court · 1890
- Mathews v. DanahyMissouri Court of Appeals · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Klotz v. . AngleNew York Court of Appeals · 1917
- State Ex Rel. Emmons v. HollenbeckMissouri Court of Appeals · 1965
- Barclay v. Bank of Osceola CountySupreme Court of Florida · 1921
- Kling v. A. H. Greef Realty Co.Missouri Court of Appeals · 1912
- Peter St. Clair v. HellwegMissouri Court of Appeals · 1913
7 more not listed; retrieve them via the Exa API.