Gatewood v. House
Supreme Court of Missouri
Appeal from Audrain Circuit Court.—Hon. G. Porter, Judge. The proposition that a deed may be good as between the parties in the matter of description and yet insufficient to notify a third person who knows its contents, is a monstrous absurdity. If the description in a deed be so indefinite or uncertain as not to identify the land with reasonable certainty, the deed is not good for any purpose.
Read the full summary
Appeal from Audrain Circuit Court.—Hon. G. Porter, Judge. The proposition that a deed may be good as between the parties in the matter of description and yet insufficient to notify a third person who knows its contents, is a monstrous absurdity. If the description in a deed be so indefinite or uncertain as not to identify the land with reasonable certainty, the deed is not good for any purpose. But if it is sufficiently definite to effect a conveyance from one party to another, and so that the court can see what land is intended to be conveyed,- then in the nature of things, it must be…
1Opinion of the CourtHough, J.
This was an action of ejectment for the southeast quarter of section thirty-two, township fifty-one, range five west, in Audrain county. There was a verdict and judgment for defendant, and plaintiff has appealed. The land in controversy was entered by one Isaac Herrick in 1836. He received a patent for the same dated August 1st, 1838, which was filed for record April 17th, 1867. On the 7th day of March, 1837, Isaac Herrick conveyed to James D. Eyler certain lands described as follows: “ The lands entered by Isaac Herrick at the office in Palmyra, State of Missouri, on the 19th of July, 1836,…
2Cases cited1 opinion
- Stewart v. HuffSupreme Court of Iowa · 1865
3Cited by9 opinions
- Ozark Land & Lumber Co. v. FranksSupreme Court of Missouri · 1900
- Federal Land Bank v. McColganSupreme Court of Missouri · 1933
- Ford v. Unity Church SocietySupreme Court of Missouri · 1894
- Hammond v. DarlingtonMissouri Court of Appeals · 1904
- State ex rel. Blake v. CabanneMissouri Court of Appeals · 1883
4 more not listed; retrieve them via the Exa API.