Whelan v. Tobener
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. STATEMENT BY ELLISON, J. The following facts were found by the trial court: “Now on this day come the parties herein, by their respective attorneys, and this cause being taken up and submitted to the court upon the plaintiff’s petition and defendant’s cross petition and bill and pleadings, the court being fully advised in the premises, finds that, for several years prior to 1887, the plaintiff owned in fee…
Read the full summary
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. STATEMENT BY ELLISON, J. The following facts were found by the trial court: “Now on this day come the parties herein, by their respective attorneys, and this cause being taken up and submitted to the court upon the plaintiff’s petition and defendant’s cross petition and bill and pleadings, the court being fully advised in the premises, finds that, for several years prior to 1887, the plaintiff owned in fee the north half of lot 897, block 64, McGree’s addition to Kansas City, Missouri, and during that time, general and special…
1Opinion of the CourtEllison, J.
Plaintiffs instituted this action to enforce a vendor’s lien on the real estate described in their petition. Defendant filed an answer in which he admitted a conveyance to him from plaintiffs by warranty deed of the property described for the considera*368tion of $2,205. But defendant further alleged that though he purchased the property for that sum it was1 “incumbered by a large amount of tax liens both general and special and he applied to plaintiffs through his brother, William- Tobener, for money with which to extinguish said liens. That it was thereupon agreed that a deed should be executed…
2Cases cited6 opinions
- Williams v. HigginsSupreme Court of Alabama · 1881
- Bender v. MarkleMissouri Court of Appeals · 1889
- Cobb v. DaySupreme Court of Missouri · 1891
- McCann v. AthertonIllinois Supreme Court · 1883
- Worley v. DrydenSupreme Court of Missouri · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Turner v. MallerneeMissouri Court of Appeals · 1982
- Rendlen v. EdwardsMissouri Court of Appeals · 1906