Llewellyn v. Butler
Missouri Court of Appeals
Appeal from Audrain- Circuit Court. — Ron. James D. Barnett, Judge. (1) When a grantee takes a deed containing a recital that the land is subject to a mortgage which the grantee assumes or agrees to pay, he thereby becomes personally liable to the mortgagee for the mortgage debt. Crane v. Stinde, 156 Mo. 267; Helm v. Yogel, 69 Mo. 535; Steele v. Johnson, 96 Mo. App. 157; Cirardi v. Christe, 148: Mo.
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Appeal from Audrain- Circuit Court. — Ron. James D. Barnett, Judge. (1) When a grantee takes a deed containing a recital that the land is subject to a mortgage which the grantee assumes or agrees to pay, he thereby becomes personally liable to the mortgagee for the mortgage debt. Crane v. Stinde, 156 Mo. 267; Helm v. Yogel, 69 Mo. 535; Steele v. Johnson, 96 Mo. App. 157; Cirardi v. Christe, 148: Mo. App. 91; Nelson v. Brown, 140- Mo. 580. (2) Where a grantee takes a deed containing a recital that the grantee assumes or agrees to pay the mortgage, the law implies a promise to perform. Helm v.…
1Opinion of the CourtAllen, J.
— This is an action to recover a balance of $979 remaining unpaid upon a promissory note of $1800, executed by defendants W. E. Bever and Dora D. Bever, his wife, to the order of plaintiff, dated May 8, 1911, and secured by deed of trust upon a house and lot in Mexico, Missouri. The note and the deed of trust were executed as a part and parcel of a transaction whereby defendant W. E. Bever traded to plaintiff the equity in a farm for the above-mentioned property. Thereafter Bever and his wife executed a warranty deed, of date June 20, .1.911, conveying the house and lot to defendants D. W.…
2Cases cited12 opinions
- Elliott v. SackettSupreme Court of the United States · 1883
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Pratt v. ConwaySupreme Court of Missouri · 1899
- Whitmore v. TatumSupreme Court of Arkansas · 1891
- State v. MillerSupreme Court of Missouri · 1900
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3Cited by9 opinions
- Nissen v. SabinSupreme Court of Iowa · 1927
- Albert Dupeck and Bessie Dupeck v. Union Insurance Company of AmericaCourt of Appeals for the Eighth Circuit · 1964
- Hafford v. SmithMissouri Court of Appeals · 1963
- Somers v. AvantSupreme Court of Georgia · 1979
- Parker v. Interstate Trust & Banking Co.Court of Appeals for the Fifth Circuit · 1932
4 more not listed; retrieve them via the Exa API.