Christy v. McKee
Supreme Court of Missouri
Appeal from St. Loiois City Circuit Court. (1) By the terms of RyanV deed to Gibbons, the vendor, Ryan, had and has a grantor’s lien on the real estate. conveyed by him to Gibbons (for the Butchers’ and Drovers’ Bank) for the unpaid or unsatisfied consideration named in the conveyance, to-wit, the covenant to discharge the judgment in favor of Christy, (a) There was not merely a covenant to pay these debts, but their payment was part of the consideration for the deed.
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Appeal from St. Loiois City Circuit Court. (1) By the terms of RyanV deed to Gibbons, the vendor, Ryan, had and has a grantor’s lien on the real estate. conveyed by him to Gibbons (for the Butchers’ and Drovers’ Bank) for the unpaid or unsatisfied consideration named in the conveyance, to-wit, the covenant to discharge the judgment in favor of Christy, (a) There was not merely a covenant to pay these debts, but their payment was part of the consideration for the deed. (b) In Missouri the grantor’s lien for unpaid consideration has been recognized in a series of cases, from McKnigM v. Bright,…
1Opinion of the CourtNorton, C. J.
This cause is before us on plaintiffs’ appeal from a judgment of the circuit court, in *245sustaining a demurrer to the petition. The petition is of great length, and on that account its insertion here will be omitted, inasmuch as the points made will sufficiently appear by the following summary of the facts stated therein, as presented by counsel for plaintiffs : Prior to November, 1875, one Thomas Ryan, being the owner of certain real estate, situate in part on Olive ’street and Washington avenue, in the city of St. Louis, executed two separate deeds of trust, one to the trustees •of the…
2Cases cited6 opinions
- Heim v. VogelSupreme Court of Missouri · 1879
- Pratt v. ClarkSupreme Court of Missouri · 1874
- Sullivan v. FergusonSupreme Court of Missouri · 1867
- Bennett v. ShipleySupreme Court of Missouri · 1884
- Chouteau v. NuckollsSupreme Court of Missouri · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Winn v. Lippincott Investment Co.Supreme Court of Missouri · 1894
- Rader v. DawesMissouri Court of Appeals · 1983
- Benoist v. RothschildSupreme Court of Missouri · 1898
- Bray v. BookerNorth Dakota Supreme Court · 1899
- Routte v. MurrayMissouri Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.