Bray v. Conrad
Supreme Court of Missouri
Appeal from Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) The deed introduced in evidence by the defendant is upon its face a simple release. First. Intention of the parties to a deed is to be deduced from a consideration of the whole instrument — every provision, clause and recital — as in the case of any other contract, and will be carried into effect.
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Appeal from Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) The deed introduced in evidence by the defendant is upon its face a simple release. First. Intention of the parties to a deed is to be deduced from a consideration of the whole instrument — every provision, clause and recital — as in the case of any other contract, and will be carried into effect. Long v. Wagoner, 47 Mo. 178 ; Brúesman v. Carroll, 52 Mo. 313 ; Gregg v. Macy, 10 Mo. 385 ; 2 Devlin on Deeds (1887) secs. 836, 837, 840 ; 3 Wash, on Real Property [4 Ed.] pp. 384, 385 and 404; McKinney v. Settles, 31 Mo. 544;…
1Opinion of the CourtBrace, J.
This is an action for the assignment of • dower and damages for the deforcement thereof in forty acres of land in Barton county, Missouri. The action was tried before the court without a jury, .judgment for defendant, and the plaintiff appeals.
Nathan Bray died in 1879, seized in fee simple of the premises, leaving plaintiff his widow surviving him. Previous to his death in the year 1876, he executed a deed of trust upon a large body of land which he owned, including this forty-acre tract, • to secure a debt to one Allen in which his wife, the plaintiff, joined releasing her dower for the…
2Cases cited1 opinion
- Wilson v. AlbertSupreme Court of Missouri · 1886
3Cited by6 opinions
- Snadon v. GayerMissouri Court of Appeals · 1978
- W. H. Hobbs & Son v. Grand Trunk Railway Co.Supreme Court of Vermont · 1919
- Gordon v. MillionSupreme Court of Missouri · 1913
- Mizell v. OsmonSupreme Court of Missouri · 1945
- McAnaw v. TiffinSupreme Court of Missouri · 1898
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