Rines v. Mansfield
Supreme Court of Missouri
Appeal from, Audrain Circuit Court. — Hon. Elijah Robinson, Judge. (1) The deed from Pearson, introduced by plaintiff as part of his chain of title, showed title in Elizabeth Mansfield and her chil dren, if not as joint tenants, then as tenants in common, and to her for her life only. Hall v. Stevens, 65 Mo. 670 ; Kinney v. Mathews, 69 Mo. 520 ; Smith v: Shell, 82 Mo. 215. (2) A deed is to be given effect according to the intent apparent from the whole instrument.
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Appeal from, Audrain Circuit Court. — Hon. Elijah Robinson, Judge. (1) The deed from Pearson, introduced by plaintiff as part of his chain of title, showed title in Elizabeth Mansfield and her chil dren, if not as joint tenants, then as tenants in common, and to her for her life only. Hall v. Stevens, 65 Mo. 670 ; Kinney v. Mathews, 69 Mo. 520 ; Smith v: Shell, 82 Mo. 215. (2) A deed is to be given effect according to the intent apparent from the whole instrument. The intent governs. And that is clear. The grant and warranty are to Elizabeth Mansfield and her children. Cibson v. Bogy, 28 Mo.…
1Opinion of the CourtNorton, C. J.
This is a petition in ejectment, filed August 27, 1885, to recover possession of the southeast quarter of the southeast quarter of section 19, township 51, range 8, in Audrain county. The answer admits that Elizabeth Mansfield is in possession of the land, and denies all other allegations of the petition. On the trial, the suit was dismissed as to Edward Mansfield, and judgment rendered in favor of plaintiff as against remaining defendants for possession, one dollar damages and |8.25 for monthly rents and profits. From this judgment the defendants have appealed.
On the trial, in support of his…
2Cases cited1 opinion
- Hagerman v. SuttonSupreme Court of Missouri · 1887
3Cited by21 opinions
- Teague v. SowderTennessee Supreme Court · 1908
- Eckle v. RylandSupreme Court of Missouri · 1914
- Chew v. KellerSupreme Court of Missouri · 1889
- Mathews v. O'DonnellSupreme Court of Missouri · 1921
- McMahan v. HubbardSupreme Court of Missouri · 1909
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