Rutherford v. Tracy
Supreme Court of Missouri
Appeal from Macon Circuit Court. The deed from plaintiff to said Demeter’s grantor did not convey the whole of lot 3. In giving construction to the deed, the whole must be taken together to ascertain its meaning. (Campbell et al. v. Johnson, 44 Mo. 248.) Plaintiff was not estopped by his acts from claiming his lot, because defendant was better informed of its location than the plaintiff, and had all the means in his favor of ascertaining its true location.
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Appeal from Macon Circuit Court. The deed from plaintiff to said Demeter’s grantor did not convey the whole of lot 3. In giving construction to the deed, the whole must be taken together to ascertain its meaning. (Campbell et al. v. Johnson, 44 Mo. 248.) Plaintiff was not estopped by his acts from claiming his lot, because defendant was better informed of its location than the plaintiff, and had all the means in his favor of ascertaining its true location. The doctrine of estoppel is always applied with great caution, and especially where used to enlarge a grant by deed. (3 Hill. 221; 8 Wend.…
1Opinion of the CourtWagner, Judge
The whole merits of this case depend upon two questions : first, what is the true meaning and intent of the granting clause in the deed conveying the property in controversy; and, second, whether an estoppel could be predicated upon the facts disclosed by the evidence. The action was ejectment for a part of lot 3 in block 87, in the town of Macon; and the defendants, who are in posses*327sion, claimed the entire lot by conveyance. The language conveying the premises is as follows: “Lot No. 3 in block 87', in the old town of Hudson, now Macon ; beginning at the northeast corner, thence west to the…
2Cases cited4 opinions
- Brown v. HugerSupreme Court of the United States · 1859
- Campbell v. JohnsonSupreme Court of Missouri · 1869
- Lodge's Lessee v. LeeSupreme Court of the United States · 1810
- Jackson ex dem. Livingston v. BarringerNew York Supreme Court · 1818
3Cited by37 opinions
- Gudger v. White.Supreme Court of North Carolina · 1906
- Mylius v. Raine-Andrew Lumber Co.West Virginia Supreme Court · 1911
- Thompson v. HillSupreme Court of Georgia · 1912
- Quelch v. . FutchSupreme Court of North Carolina · 1916
- Thomson v. ThomsonSupreme Court of Missouri · 1893
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