Henderson v. Beasley
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Appellant relies for a reversal, upon the action of the court below, in overruling motion for new trial and motion in arrest. If Henderson bought to the row of trees or to a point south of them, or even to a point south of the north fourth of lot 8, then appellant is entitled to a reversal. Diggs v. Kurts, 33 S. W. Rep. 815; Flynn v. Herye, 4 Mo.
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Appeal from Daviess Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Appellant relies for a reversal, upon the action of the court below, in overruling motion for new trial and motion in arrest. If Henderson bought to the row of trees or to a point south of them, or even to a point south of the north fourth of lot 8, then appellant is entitled to a reversal. Diggs v. Kurts, 33 S. W. Rep. 815; Flynn v. Herye, 4 Mo. App. 360. (2) Or again, if in pursuance of the sale Henderson took possession to a point south of the row of trees, said point being agreed upon and recognized as the line between…
1Opinion of the CourtBrace, J.
This is an action to correct an alleged mistake in a deed executed by the defendant and his wife, dated the twelfth day of February, 1891, whereby he conveyed to the plaintiff lots 5, 6, 7, and the north fourth of lot 8 in block 2 in Kimball’s addition to the town of Elm Flat in Daviess county, instead of “lots 5, 6, 7, AND TWENTY-FIVE FEET AND THREE INCHES OFF THE north side of lot 8 in Kimball’s addition to the town of Elm Flat in Daviess county, which it is alleged in the petition is the correct description of the property bought and paid for, and which was intended to be *201conveyed by said…
2Cited by6 opinions
- Benn v. PritchettSupreme Court of Missouri · 1901
- Luker v. MoffettSupreme Court of Missouri · 1931
- Kidd v. BrewerSupreme Court of Missouri · 1927
- Owens v. Carthage & Western Railway Co.Missouri Court of Appeals · 1905
- Callier v. Callier (In re Callier)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
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