White v. Stevens
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court, Edwards, J. Oral testimony to prove facts for which the law provides a record is incompetent. —Gen. Stats. 1865, p. 105, sect. 51. Taxes become an incumbrance when assessed, and from the date of the assessment, for the payment of which the owner at that time becomes liable. — Blossom v. Van Court, 34 Mo. 390. A covenant against incumbrances is broken, if at all, the moment it is made, and the remedy thereon is then complete.—…
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Appeal from the St. Louis County Circuit Court, Edwards, J. Oral testimony to prove facts for which the law provides a record is incompetent. —Gen. Stats. 1865, p. 105, sect. 51. Taxes become an incumbrance when assessed, and from the date of the assessment, for the payment of which the owner at that time becomes liable. — Blossom v. Van Court, 34 Mo. 390. A covenant against incumbrances is broken, if at all, the moment it is made, and the remedy thereon is then complete.— Collier v. Gamble, 10 Mo. 470; Moselyv. Hunter, 15 Mo. 330 ; Kellogg v. Malin, 62 Mo. 429 ; 3 Washb. on Beal Prop. 495.…
1Opinion of the CourtThompson, J.
The petition in this case stated “ that on the 16th day of February, 1869, the defendant, by his certain deed herewith *242filed, marked Exhibit A. and referred to .as the instrument sued on, did convey to the plaintiff a certain tract of land in Pettis County in the said state, with clauses of grant, bargain, and sale, and covenants of general warranty, the land conveyed by the deed being fully described therein; that the covenants, obligations, and conditions by defendant in said deed made have not been kept by him in this, to wit, that at the date of the said conveyance there had been, by…
2Cases cited8 opinions
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1856
- Kellogg v. MalinSupreme Court of Missouri · 1876
- Magwire v. RigginSupreme Court of Missouri · 1869
- Blossom v. Van CourtSupreme Court of Missouri · 1864
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Leet v. GratzMissouri Court of Appeals · 1907
- Priest v. DeaverMissouri Court of Appeals · 1886
- St. Louis Provident Ass'n. v. GrunerSupreme Court of Missouri · 1947
- Taylor v. PriestMissouri Court of Appeals · 1886