Johnson v. Calvert
Supreme Court of Missouri
Appeal from Clinton Circuit Court.- — Hon. A. D. Burnes, Judge. (1) The purpose of all construction is to arrive at the intention of the parties to the instrument, and such intention, when ascertained from a consideration of the language used in the whole instrument and the circumstances surrounding the parties at the time the instrument was executed, must govern, unless such intention he repugnant to some positive rule of law.
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Appeal from Clinton Circuit Court.- — Hon. A. D. Burnes, Judge. (1) The purpose of all construction is to arrive at the intention of the parties to the instrument, and such intention, when ascertained from a consideration of the language used in the whole instrument and the circumstances surrounding the parties at the time the instrument was executed, must govern, unless such intention he repugnant to some positive rule of law. Mere technical words or technical rules of construction must, in all instances, give way to this prime rule of construction of deeds. Long v. Timms, 107 Mo. 519;…
1Opinion of the CourtBrown, J.
— Plaintiffs' sue' in ejectment for twenty acres of real estate in Clinton county. The cause was tried by the court sitting as a jury, and a judgment entered for defendant, from which plaintiffs appeal.
Both parties claim under a deed hereinafter set out in full, a construction of which forms the most important issue in this ease. The defendant also claims title through the ten-year Statute of Limitation.
On October 9, 1865, one Robert Johnson of Clinton county owned the real estate which forms the subject-matter of this action. Said Robert Johnson at that time had a son named Thomas Johnson.…
2Cases cited28 opinions
- Utter v. SidmanSupreme Court of Missouri · 1902
- O'Day v. MeadowsSupreme Court of Missouri · 1906
- Cross v. HochSupreme Court of Missouri · 1899
- Lewis v. PitmanSupreme Court of Missouri · 1890
- Green v. SuttonSupreme Court of Missouri · 1872
23 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Green v. IrvinSupreme Court of Missouri · 1925
- Saucier v. KremerSupreme Court of Missouri · 1923
- Trager v. ChapmanWest Virginia Supreme Court · 1925
- Kane v. RoathSupreme Court of Missouri · 1925
- King v. TheisSupreme Court of Missouri · 1917
1 more not listed; retrieve them via the Exa API.