Jennings v. Brizeadine
Supreme Court of Missouri
Appeal from, Fifth District Court. Where the description of the deed is particular, that must be followed; and if there is no property to which it can apply, the grant fails. (2 Washb. Real Prop. 689-71; Smith v. Strong, 14 Pick. 128 ; Whiting v. Dewey, 35 Pick. 484; Winn v. Cattell, 18 Pick. 534; Dana v. Middlesex, 10 Met. 250 ; 4 Kent’s Com. 467.) Both deeds made by Harker, sheriff, refer to the same sale.
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Appeal from, Fifth District Court. Where the description of the deed is particular, that must be followed; and if there is no property to which it can apply, the grant fails. (2 Washb. Real Prop. 689-71; Smith v. Strong, 14 Pick. 128 ; Whiting v. Dewey, 35 Pick. 484; Winn v. Cattell, 18 Pick. 534; Dana v. Middlesex, 10 Met. 250 ; 4 Kent’s Com. 467.) Both deeds made by Harker, sheriff, refer to the same sale. The first is an execution of the power, and the second is a nullity. H. The court erred in the instructions for the plaintiff, whereby the jury were required to consider parol evidence,…
1Opinion of the CourtWagner, Judge
This was a suit in ejectment, brought in the Livingston Circuit Court, to recover possession of block 46, in the city of Chillicothe. The petition was in the usual form, describing the property as follows : “Lot number forty-six (46), the same being block forty-six (46).” The answer denied that plaintiff was entitled to possession, and set up title in one of the defendants. There was a replication filed. The plaintiff deduced title by virtue of a sale made under a deed of trust.
The cause coming on to be heard, the plaintiff introduced William Keith as a witness, who testified that he was the…
2Cases cited4 opinions
- Newsom v. Pryor's LesseeSupreme Court of the United States · 1822
- Russell v. GibbsNew York Supreme Court · 1826
- Hardy v. MatthewsSupreme Court of Missouri · 1866
- Seaman v. HogeboomNew York Supreme Court · 1855
3Cited by8 opinions
- Wolf v. MiravalleSupreme Court of Missouri · 1963
- Hardin v. RayMissouri Court of Appeals · 1966
- Ford v. Unity Church SocietySupreme Court of Missouri · 1894
- Harding v. WrightSupreme Court of Missouri · 1893
- Krug v. BremerSupreme Court of Missouri · 1927
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