McGehee v. Garringer
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. Guy D. Kirby, Judge. (1) Parole evidence to vary, change, or explain the provisions of a deed is inadmissible. This is so even where there is such provision contained in a written contract, as the terms of the deed must determine the intent of the parties and the estate conveyed.
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Appeal from Greene Circuit Court. — Hon. Guy D. Kirby, Judge. (1) Parole evidence to vary, change, or explain the provisions of a deed is inadmissible. This is so even where there is such provision contained in a written contract, as the terms of the deed must determine the intent of the parties and the estate conveyed. Davidson v. Mauson, 146 Mo. 608. (2) Declarations of intention or of explanation of a grantor to a deed, either before or after its execution is inadmissible for any purpose. Kenny v. Muning, 170 Mo. 706; Collins v. Harrell, 219 Mo. 306. (3) A deed of land, absolute in form…
1Opinion of the Court
The two actions entitled as above were brought to the May term, 1917, of the Lawrence County Circuit Court, by petition founded upon Section 2535, Revised Statutes 1909, to determine the title to about one hundred and twenty acres of land in that county. They were removed by change of venue to Greene County, where they were tried together as one case upon the same evidence, involving the same issues. The judgment of the trial court was for the defendants. The plaintiffs appealed and both appeals are consolidated for hearing in this court.
The plaintiffs are children and heirs of William…
2Cases cited7 opinions
- Wamsley v. CrookNebraska Supreme Court · 1874
- Deadman v. YantisIllinois Supreme Court · 1907
- Kitts v. WillsonIndiana Supreme Court · 1891
- Cramer v. WilsonIllinois Supreme Court · 1903
- Scanlan v. ScanlanIllinois Supreme Court · 1890
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3Cited by2 opinions
- Brown v. BickfordCourt of Appeals of Texas · 1951
- Larue Ex Rel. Miller v. LarueSupreme Court of Missouri · 1927