McKinney v. Doane
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. E. L. Scarritt. Judge. (1) When there is a conflict between a map or plat and an actual survey, the latter controls and the reference to the map may he rejected as surplusage.
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Appeal from Jackson Circuit Court. — Hon. E. L. Scarritt. Judge. (1) When there is a conflict between a map or plat and an actual survey, the latter controls and the reference to the map may he rejected as surplusage. This is upon the supposition that the corners and lines established by the survey can be identified. 1 Jones Real Property, sec. 431; O’Earrell v. Harney, 51 Cal. 125; Penry v. Richards, 52 Cal. 496; Root v. Cincinnati, 87 Iowa, 202; Ogden v. Porterfield, 34 Pa. St. 195; Riddlesburg Iron, etc., Co. v. Rogers, 65 Pa. St. 418; Marsh v. Mitchell, 25 Wis. 706. (2) A comer or…
1Opinion of the CourtBurgess, J.
This is an action of ejectment for the possession of the south two feet of the south thirty-three and one-thdrd feet of the east half of lot eight in block one in Marty’s Woodland addition to Kansas City, Missouri. The *291petition is in the usual form, and the answer a general denial.
Both plaintiff and defendant derive title from Nellie and Albert Marty, her husband. In 1879, Nellie Marty and Albert Marty her husband laid off into lots and' blocks an addition to said city which was called Marty’s Woodland addition and which was platted by them on the 23d day of August, 1879. All of this addition…
2Cases cited16 opinions
- Davis v. RainsfordMassachusetts Supreme Judicial Court · 1821
- Jacobs v. MoseleySupreme Court of Missouri · 1886
- Tamm v. KelloggSupreme Court of Missouri · 1871
- Usen v. UsenSupreme Judicial Court of Maine · 1940
- Dolde v. VodickaSupreme Court of Missouri · 1871
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3Cited by4 opinions
- City of Laddonia v. DaySupreme Court of Missouri · 1915
- Hudson v. EricksonWyoming Supreme Court · 1950
- Klaar v. LemperisSupreme Court of Missouri · 1957
- Jeffords v. DreisbachMissouri Court of Appeals · 1913