McPike v. Allman
Supreme Court of Missouri
Appeal from Pike Circuit Court. I. The deed from the sheriff of Ralls Co. to McPike was on its face so vague and uncertain as to fail to describe any land whatever, and was, therefore, of itself, void, (2 Caines 65; 2 Wash. Real Prop, side p. 622; 13 Johns., 67; Id. 532), and the other evidence introduced did not supply the want of a proper description in the said deed, or cure the defect. (31 Mo., 579.) II.
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Appeal from Pike Circuit Court. I. The deed from the sheriff of Ralls Co. to McPike was on its face so vague and uncertain as to fail to describe any land whatever, and was, therefore, of itself, void, (2 Caines 65; 2 Wash. Real Prop, side p. 622; 13 Johns., 67; Id. 532), and the other evidence introduced did not supply the want of a proper description in the said deed, or cure the defect. (31 Mo., 579.) II. The deed should have described the land with such certainty, as that it could have been located and identified from the description itself; and in the event of a failure to do so, the…
1Opinion of the CourtVories, Judge
This action was brought in the Ralls Circuit Court, from which it was transferred for trial, by the agreement of the. parties, to the Pike Circuit Court.
The action was ejectment brought to recover possession of a tract of land described as being “eighty acres off the south end of the west half of section thirty-one, township fifty-three, range five west.”
The answer .denied all the material allegations of the petition.
At the trial the plaintiff read in evidence a patent from the United States to Otho Pool, dated October 30, 1857, for the west half of section 31, township 53, range 5 west,…
2Cases cited6 opinions
- Landes v. PerkinsSupreme Court of Missouri · 1848
- Hart v. RectorSupreme Court of Missouri · 1842
- Webster v. BlountSupreme Court of Missouri · 1867
- Evans v. AshleySupreme Court of Missouri · 1843
- Bates v. Bank of MissouriSupreme Court of Missouri · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Abercrombie v. SimmonsSupreme Court of Kansas · 1905
- Hammond v. JohnstonSupreme Court of Missouri · 1887
- Charles v. PatchSupreme Court of Missouri · 1885
- Monroe v. LyonsSupreme Court of Missouri · 1936
- Carter v. HolmanSupreme Court of Missouri · 1875
6 more not listed; retrieve them via the Exa API.