Clore v. Graham
Supreme Court of Missouri
Error to Daviess County Circuit Court. I. The evidence objected to by the plaintiff, offered by defendant to prove that there was no consideration, was illegal and incompetent. (13 Mo. 151; 1 Greenl. Ev. §§ 24, 25 and 26.) II. The covenant against incumbrances runs with the land. III. The fact that the plaintiff had made no contract with defendant about the land will not release defendant from liability on his covenants.
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Error to Daviess County Circuit Court. I. The evidence objected to by the plaintiff, offered by defendant to prove that there was no consideration, was illegal and incompetent. (13 Mo. 151; 1 Greenl. Ev. §§ 24, 25 and 26.) II. The covenant against incumbrances runs with the land. III. The fact that the plaintiff had made no contract with defendant about the land will not release defendant from liability on his covenants. (Rawle Cov., [3d. ed.] pp. 69, 70, and note 1, p. 462 ; Byrnes vs. Rich, 5 Gray, 518.) IV. In order to bind the promiser (the defendant) it is not necessary that the…
1Opinion of the CourtHough, Judge
In the Spring of 1867, the defendant, Graham, sold certain lands in Daviess County to one Froman, who, without receiving any deed therefor, entered at once into the possession thereof, paid the purchase money and made lasting and valuable improvements.
On the 20th day of August, 1867, Froman mortgaged a portion of said lands to Daviess County to secure a note for three hundred dollars, which mortgage was duly recorded on the succeeding day.
On or about the 22d day of November, 1869, the plaintiff Clore bought said lands from Froman and paid him therefor. On the same day, the defendant Graham,…
2Cases cited1 opinion
- Ridgeway v. HollidaySupreme Court of Missouri · 1875
3Cited by5 opinions
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- Neville v. HughesMissouri Court of Appeals · 1904
- Armille v. LovettSupreme Court of New Hampshire · 1956
- Duffy v. SharpMissouri Court of Appeals · 1898
- Koenig v. BransonSupreme Court of Missouri · 1881