Stumpe v. Kopp
Supreme Court of Missouri
Appeal from Franklin Circuit Court. — Eon. Wm. A. Davidson, Judge. (1) The trial court committed error in admitting in evidence the statements of witness Thias to the effect that the warranty deed dated August 29,1898, from Kopp to Thias, was an agreement to secure a debt owing by Kopp to Thias.
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Appeal from Franklin Circuit Court. — Eon. Wm. A. Davidson, Judge. (1) The trial court committed error in admitting in evidence the statements of witness Thias to the effect that the warranty deed dated August 29,1898, from Kopp to Thias, was an agreement to secure a debt owing by Kopp to Thias. The error is that the court permitted verbal evidence to be admitted to' vary or contradict a valid deed, containing covenants of general warranty, which by its terms is wholly free from uncertainty as to its object or extent. The effect was to substitute a new and different contract for the one…
1Opinion of the CourtLamm, J.
Stumpe and Kopp are neighbors' in Franklin county, owning farms coterminous with each other — Stumpe in section 24, township 44, range 2, and Kopp in section 13, bordering on the north. There is an. ancient rail fence dividing the possessions of one from those of the other — a partition fence. After this fence was built, time flew by and Kopp’s part ran down’ at the heel — fell into decay. Thereat as the fence fell down, these neighbors fell out and a squabble arose over the mending of this fence. Thereat Stumpe, on March 5, 1903, procured Mr. Moore, the surveyor of Franklin county, to run…
2Cases cited1 opinion
- Carter v. HornbackSupreme Court of Missouri · 1897
3Cited by8 opinions
- Tillman v. HutchersonSupreme Court of Missouri · 1941
- Cullen v. JohnsonSupreme Court of Missouri · 1930
- Grimes v. ArmstrongSupreme Court of Missouri · 1957
- Clark v. McAteeSupreme Court of Missouri · 1910
- Nolan v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1913
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