Hunt v. Marsh
Supreme Court of Missouri
Appeal from Jackson Special Law and Equity Court. — Hon. R. E. Cowan, Judge. The covenant against incumbrances was broken when plaintiffs executed the deed. Williamson v. Hall, 62 Mo. 405; Kellogg v. Malin, 50 Mo. 496. The dower interest outstanding when plaintiffs executed the deed, in the widow, of their grantor, was an incumbrance.
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Appeal from Jackson Special Law and Equity Court. — Hon. R. E. Cowan, Judge. The covenant against incumbrances was broken when plaintiffs executed the deed. Williamson v. Hall, 62 Mo. 405; Kellogg v. Malin, 50 Mo. 496. The dower interest outstanding when plaintiffs executed the deed, in the widow, of their grantor, was an incumbrance. Darrett v. Leper, 58 Mo. 551. It is true the dower interest has not been satisfied by defendants, yet the land is lessened in value to the extent of the incumbrance, which is not a personal claim on plaintiffs ; their liability is measured by these covenants,…
1Opinion of the Court
Martin, C.
This was a suit in equity to enforce a vendor’s lien against certain real estate near Kansas City, and to obtain judgment on the note which was given for. the purchase money for which the lien was claimed. Ellen L. Hunt, the wife of Robert H. Hunt, was owner of the land, and alleges in her petition that on the 15th day of April, 1875, she sold the land in controversy to William N. Marsh, defendant; that at the request of said William N. Marsh, she, joining with her husband, made conveyance of the land in question to A. Marsh and Eennimore C. Marsh, defendants, who were the wife and…
2Cases cited9 opinions
- Durette v. BriggsSupreme Court of Missouri · 1871
- Barrett v. ThomasTennessee Supreme Court · 1850
- Pershing v. CanfieldSupreme Court of Missouri · 1879
- Pratt v. EatonSupreme Court of Missouri · 1877
- Cartwright v. CulverSupreme Court of Missouri · 1881
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3Cited by9 opinions
- Dillard v. EarnhartSupreme Court of Missouri · 1970
- Carter v. ButlerSupreme Court of Missouri · 1915
- Cheatham v. PalmerSupreme Court of Georgia · 1933
- Killilea v. DouglasWisconsin Supreme Court · 1907
- McClure v. DeeSupreme Court of Iowa · 1902
4 more not listed; retrieve them via the Exa API.