Winningham v. Pennock
Court of Appeals of Kansas
Appeal from, the Jackson Circuit Court. — Hon. Turner A. Hill, Judge. (1) There is an absolute failure of proof on plaintiff’s part with respect to alleged facts, essential to his recovery, (a) The evidence fails to show, and inferentially negatives, the alleged fact, that the special tax paid by the plaintiff was a lien on the lot 21 at the time of the covenant on which plaintiff sues.
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Appeal from, the Jackson Circuit Court. — Hon. Turner A. Hill, Judge. (1) There is an absolute failure of proof on plaintiff’s part with respect to alleged facts, essential to his recovery, (a) The evidence fails to show, and inferentially negatives, the alleged fact, that the special tax paid by the plaintiff was a lien on the lot 21 at the time of the covenant on which plaintiff sues. (b) Even if the evidence may be held to prove that plaintiff paid a special tax, for part of. which, at least, Bowman was liable on his covenant, it fails to show what part, or that he was liable for the whole…
1Opinion of the CourtEllison, J.
— The deceased, in his lifetime, by his deed containing the words grant, bargain and sell, and the usual special covenant against incumbrances, conveyed to one Sophronia Stone, for the consideration, as expressed in the deed, of three thousand dollars. Sophronia Stone, by a similar deed, conveyed the same property to plaintiff. At the time of the conveyance from Bowman to Stone there was an incumbrance on the lot; there being a special assessment against it under proceeding had by the city authorities of the City of Kansas. Plaintiff was compelled to pay the assessment, which had taken the…
2Cases cited7 opinions
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1856
- Allen v. KennedySupreme Court of Missouri · 1886
- Kellogg v. MalinSupreme Court of Missouri · 1876
- Blondeau v. SheridanSupreme Court of Missouri · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Edwards v. LatimerSupreme Court of Missouri · 1904
- Pleadwell v. Missouri Glass Co.Missouri Court of Appeals · 1910
- Barnhart v. HughesMissouri Court of Appeals · 1891
- Cramblitt v. SherwoodSupreme Court of Kansas · 1921
- Yates v. BurtMissouri Court of Appeals · 1912
4 more not listed; retrieve them via the Exa API.