Pence v. Gabbert's Administrator
Missouri Court of Appeals
Appeal from the Platte Circuit Court. — Hon. W. S. Herndon, Judge. (1) The court erred in refusing to permit appellant to prove that respondent in 1888 conveyed by deed to Railey, in trust for ¥m. Pence, curator, to secure the payment of a note for $1,200, which at the time this suit was instituted and at the time of the trial, was due and unpaid, all of the land described in the warranty deed executed to him by appellant’s intestate, George Gabbert, deceased.
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Appeal from the Platte Circuit Court. — Hon. W. S. Herndon, Judge. (1) The court erred in refusing to permit appellant to prove that respondent in 1888 conveyed by deed to Railey, in trust for ¥m. Pence, curator, to secure the payment of a note for $1,200, which at the time this suit was instituted and at the time of the trial, was due and unpaid, all of the land described in the warranty deed executed to him by appellant’s intestate, George Gabbert, deceased. Allen v. Kennedy, 91 Mo. 329, 330, 331, and cases cited; Jones v. Whitsett, 79 Mo. 191, 192; Flanihen v. Neal, 67 Tex. 633; Pence v.…
1Opinion of the Court
Gill J.
This is a suit on a covenant contained in a warranty deed executed by Grabber! during his lifetime to plaintiff and conveying certain land in Platte county. A third party subsequently sued the plaintiff and recovered an undivided half interest in *205the land and this action based on the covenant of warranty was then brought for damages thus resulting. At the time the suit was commenced, and at the trial thereof, there existed an outstanding mortgage, or deed of trust in the nature of a mortgage, which plaintiff placed on the property after his purchase, and the mortgage debt was then past…
2Cases cited11 opinions
- Woods v. HilderbrandSupreme Court of Missouri · 1870
- Pease v. Pilot Knob Iron Co.Supreme Court of Missouri · 1871
- Hutchins v. RoundtreeSupreme Court of Missouri · 1883
- Fischer v. JohnsonMissouri Court of Appeals · 1892
- Kennett v. PlummerSupreme Court of Missouri · 1859
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Eurengy v. Equitable Realty Corp.Supreme Court of Missouri · 1937
- A. & R. Realty Co. v. Northwestern Mut. Life Ins.Court of Appeals for the Eighth Circuit · 1938
- Guaranty Savings & Loan Ass'n v. City of SpringfieldSupreme Court of Missouri · 1940
- Quick v. WalkerMissouri Court of Appeals · 1907