Arnoldia v. Childs
Missouri Court of Appeals
Appeal from the Clay Circuit Court. — Hon. E. J. Broaddus, Judge. By the deed read in evidence Arnoldia assumed and agreed to pay an incumbrance on the land therein described of $4,700 as the same became due “together with the interest due thereon.”
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Appeal from the Clay Circuit Court. — Hon. E. J. Broaddus, Judge. By the deed read in evidence Arnoldia assumed and agreed to pay an incumbrance on the land therein described of $4,700 as the same became due “together with the interest due thereon.” It has been conceded by the parties to the action that the incumbrance mentioned in the deed was made up of the deed of trust securing $3,500, the deed of trust securing $1,200; the first on its face bears interest at five and one half per cent per annum; the second seven per cent, both payable semiannually; the amount therefore assumed, principal…
1Opinion of the CourtGull, J.
Statement. This is a suit on the covenant against incumbrances contained in a warranty deed executed by the defendant to the plaintiff, conveying certain lands in Platte county, Missouri. The deed stated on its face that it was made “subject -to an incumbrance of four thousand, seven hundred dollars ($4,700), which grantee hereby assumes and agrees to pay, as the same becomes due, together with the interest due thereon.” The proof showed that at *533the date of the conveyance there were three mortgages or deeds of trust on the property — one for $3,500, one for $1,200, and one for $437.50. The…
2Cases cited2 opinions
- Deutmann v. KilpatrickMissouri Court of Appeals · 1891
- Broughton v. NullMissouri Court of Appeals · 1894