Koch v. Gordon
Supreme Court of Missouri
Appeal from Phelps Circuit Court. — Hon. L. B. Woodside, Judge. Contracts may be read in the light of surrounding circumstances. Agan v. Shannon, 103 Mo. 661; West v. Bretelle, 115 Mo. 653. In the construction of deeds the controlling canon is to ascertain the meaning of the grantor, from the words he uses, in the light of the circumstances which surround him and attend his use of them.
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Appeal from Phelps Circuit Court. — Hon. L. B. Woodside, Judge. Contracts may be read in the light of surrounding circumstances. Agan v. Shannon, 103 Mo. 661; West v. Bretelle, 115 Mo. 653. In the construction of deeds the controlling canon is to ascertain the meaning of the grantor, from the words he uses, in the light of the circumstances which surround him and attend his use of them. Long v. Timms, 107 Mo. 512; Gribson v. Bogy, 28 Mo. 478; Jamison v. Popiano, 46 Mo. 197. The surrounding circumstances were: First, the fact that Malcolm had already conveyed part of the same lot to Mary M.…
1Opinion of the CourtValliant, J.
Ejectment for a small strip, of land in lot 5, block 57, of the County Addition to the city of Rolla. The material facts are as follows:
David W. Malcolm in 1870 owned 58 feet of lot, 5 fronting Seventh street. In 1881 Edward Luster, the grandfather of the defendants, the Joneses, while they • were minors, bought for them a part of that 58 feet, the extent and description of which is the point in dispute in this ease. In 1884 Luster bought for himself 30 feet of the 58 lying east of the lot he had previously bought for his grandchildren. Measuring 30 feet off the east left 28 feet of the 58.…
2Cases cited3 opinions
- Myers v. City of St. LouisSupreme Court of Missouri · 1884
- Gray v. TempleSupreme Court of Missouri · 1865
- Orrick v. BowerSupreme Court of Missouri · 1859
3Cited by7 opinions
- Ollison v. Village of Climax SpringsSupreme Court of Missouri · 1996
- Czarnecki v. Phillips Pipe Line CompanyMissouri Court of Appeals · 1975
- State Ex Rel. Albert v. AdamsSupreme Court of Missouri · 1976
- Soderholm v. NaumanMissouri Court of Appeals · 2013
- Prichard v. HinkMissouri Court of Appeals · 1978
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