Maze v. Boehm
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. Arch A. Johnson, Judge. (1) The deeds offered by the plaintiff established a complete chain of title in him, and a prima-facie presumption is indulged that they contain the ultimate intention of the parties. Griffin v. Miller, 188 M'o. 334. The burden is upon the party asserting a mistake. And the mistake must have been mutual.
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Appeal from Greene Circuit Court. — Hon. Arch A. Johnson, Judge. (1) The deeds offered by the plaintiff established a complete chain of title in him, and a prima-facie presumption is indulged that they contain the ultimate intention of the parties. Griffin v. Miller, 188 M'o. 334. The burden is upon the party asserting a mistake. And the mistake must have been mutual. Parker v. Vanhoozer, 142 Mo. 6-27. Courts of equity do. not grant the remedy of reformation upon a probability, nor even upon a mere preponderance of evidence, but only upon a certainty of error. Brown v. Gwin, 197 Mo. 506-. (2)…
1Opinion of the Court
This is an action brought by plaintiff against defendants to recover possession of, and quiet title to, the following described real estate at Fair Grove, in Greene County, Missouri, to-wit: Beginning 70 links east and 434.9 feet south of the southwest corner of the northeast quarter of the northeast quarter of Section 29, Townshin 31, Range 20, thence west 124 feet, thence south 60 feet, thence east 124 feet thence north 60 feet to the place of beginning. This description includes the particular land in controversy in the present action. It is described in the decree of the court below as…
2Cases cited11 opinions
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- Dougherty v. DoughertySupreme Court of Missouri · 1907
- Williamson v. BrownSupreme Court of Missouri · 1906
- Parker v. VanhoozerSupreme Court of Missouri · 1898
- Moran Bolt & Nut Manufacturing Co. v. St. Louis Car Co.Supreme Court of Missouri · 1908
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3Cited by4 opinions
- Leimkuehler v. ShoemakerSupreme Court of Missouri · 1959
- Zahner v. KlumpSupreme Court of Missouri · 1956
- Kanan v. HoganSupreme Court of Missouri · 1925
- Kidd v. BrewerSupreme Court of Missouri · 1927