Duffy v. Sharp
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Pembrook R. Flitcrapt, Judge. The existence of a mere right to file a mechanic’s lien, which the mechanic may or may not, at his option, perfect, is no breach of the covenant against incumbrances. Bussell v. Grant, 122 Mo. 161; Gris-wold v. B. B., 18 Mo. App. 52; Broivn v. B. B., 36 Id. 438; JErath v. Allen, 54 Id. 587. See, also, Blondeau v. Sheridan, 81 Mo. 545; Burén v. Hubbell, 54 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Pembrook R. Flitcrapt, Judge. The existence of a mere right to file a mechanic’s lien, which the mechanic may or may not, at his option, perfect, is no breach of the covenant against incumbrances. Bussell v. Grant, 122 Mo. 161; Gris-wold v. B. B., 18 Mo. App. 52; Broivn v. B. B., 36 Id. 438; JErath v. Allen, 54 Id. 587. See, also, Blondeau v. Sheridan, 81 Mo. 545; Burén v. Hubbell, 54 Mo. App. 617; Walker v. Deaver, 79 Mo. 664; Taylor v. Priest, 21 Mo. App. 688. To show that a judgment is binding to establish a lien, the party who is owner…
1Opinion of the CourtBiggs, J.
The statute provides that in all conveyances of land in which an estate of inheritances in fee simple is limited, the words “grant, bargain and sell,” shall, unless expressly restrained, be construed *319to be the following expressed covenants on the part of the grantor, etc.: “First, that the grantor was at the time of the execution of such conveyance, seized of an indefeasible estate in fee simple in the real estate thereby granted'; second, that such real estate was at the time of the execution of such conveyance, free from incumbrance done or suffered by the grantor or any person under whom…
2Cases cited2 opinions
- Clore v. GrahamSupreme Court of Missouri · 1876
- Koenig v. BransonSupreme Court of Missouri · 1881
3Cited by5 opinions
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- Fidelity National Title Insurance v. Captiva Lake Investments, LLCDistrict Court, E.D. Missouri · 2013
- Amore v. FalcoSupreme Court of Rhode Island · 1933