McAdow v. Wight
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Hon. B. G. Thurman, Judge. (1) One wbo purchases land from another who is in actual possession under a contract from one who has the legal title or who has notice of such contract, stands in the place of the one from whom he purchases and is bound by the provisions of the contract under which his vendor holds. Edwards v. Railway, 82 M'o.
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Appeal from Vernon Circuit Court. — Hon. B. G. Thurman, Judge. (1) One wbo purchases land from another who is in actual possession under a contract from one who has the legal title or who has notice of such contract, stands in the place of the one from whom he purchases and is bound by the provisions of the contract under which his vendor holds. Edwards v. Railway, 82 M'o. App. 96; Rhodes v. Bank, 48 Mo. 367; Randolph v. Wheeler, 182 Mo. 180; Hagman v. Shaffner, 88 Mo. 24; Maupin v. Emmons, 47 Mo. 304; Bank v. Frame, 112 Mo. 502; Ekos v. Hollín, 58 Mo. 241. (2) The deed made by appellant to…
1Opinion of the CourtEllison, J.
This action is based on the covenants of warranty in a deed to certain real estate. The breach of warranty consisted in an encumbrance for the taxes for the year 1903. The judgment was for the plaintiff in the trial court.
*360It appears that defendant sold the land in question to one Whitehill on July 21,1902, for $550, as evidenced by a written contract. No purchase money was paid in cash but Whitehill executed promissory notes therefor, one for $25, due the following November, and six for $50 each, due July 1st in years 1903, 1904, 1905, 1906, 1907 and 1908, respectively, and one for $100, due…
2Cases cited5 opinions
- State Bank v. FrameSupreme Court of Missouri · 1892
- Maupin v. EmmonsSupreme Court of Missouri · 1871
- Rhodes v. OutcaltSupreme Court of Missouri · 1871
- Edwards v. Missouri, Kansas & Eastern Railway Co.Missouri Court of Appeals · 1899
- Hagman v. ShaffnerSupreme Court of Missouri · 1885