Ford v. Unity Church Society
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — James P. Thomas, Esq., Special Judge. (1) The description is 1 ‘the one divided ‘fourth part of,” etc. The lands had not then been divided, and could not have been divided under the fourth clause of the will of James Cargill, until after the death of his widow.
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Appeal from Buchanan Circuit Court. — James P. Thomas, Esq., Special Judge. (1) The description is 1 ‘the one divided ‘fourth part of,” etc. The lands had not then been divided, and could not have been divided under the fourth clause of the will of James Cargill, until after the death of his widow. On the face of the deed it is impossible to tell which “divided fourth” is meant, and if plaintiff had been permitted to try, and had tried at the trial to locate it, he could not have done so. The ambiguity is a patent one, appearing on the face of the deed, and not susceptible of removal by parol…
1Opinion of the CourtCrANTT, P. J.
This is an action' of ejectment for the recovery of the south eight feet of lot 6, all of lot 7, and the north two feet of lot 8, all in block 23, in Smith’s addition to the city of St. Joseph. The answer admits possession and denied each and every other allegation in plaintiff’s petition. The case was *502tried to a jury and resulted in a verdict and judgment for the plaintiff.
At the trial plaintiff introduced a patent from the United States to Fred W. Smith, a plat of Smith’s addition to the city of St. Joseph and a deed from Smith to James Cargill for lots 3, 4, 5, 6, 7 and 8, all in block 23,…
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