Thomson v. Thomson
Supreme Court of Missouri
Appeal from Saline Circuit Court. — Hon. Richabd Field, Judge. The plaintiffs, who are respectively the brother, sister and brother-in-law of the defendant, brought ejectment for an undivided two sevenths of this tract of land, t-o-wit: The southeast quarter of section 1, township 51, range 20, and also that portion of the northeast quarter of the southeast quarter of the same section, township and range that lies north of the public road; but as to this, all claim was…
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Appeal from Saline Circuit Court. — Hon. Richabd Field, Judge. The plaintiffs, who are respectively the brother, sister and brother-in-law of the defendant, brought ejectment for an undivided two sevenths of this tract of land, t-o-wit: The southeast quarter of section 1, township 51, range 20, and also that portion of the northeast quarter of the southeast quarter of the same section, township and range that lies north of the public road; but as to this, all claim was abandoned at the trial. The forty in controversy, for the purpose of ready designation, has been marked on the subjoined plat…
1Opinion of the CourtSherwood, J.
I. The rule in regard to descriptions of land in a deed or will is that where general words are used in describing the property conveyed or devised, .and such general description is followed by one *64more particular, that in such case the general description shall prevail over the particular. Thus in Rutherford v. Tracy, 48 Mo. 325, a conveyance was made of a certain lot in a certain block, and superadded to that were words of a particular description, which actually embraced a less area than the lot mentioned; but .this court applying the familiar rule just stated rejected the particular…
2Cases cited8 opinions
- Thompson v. IshSupreme Court of Missouri · 1889
- Rutherford v. TracySupreme Court of Missouri · 1871
- Muller v. St. Louis Hospital Ass'nSupreme Court of Missouri · 1880
- Lodge's Lessee v. LeeSupreme Court of the United States · 1810
- Jackson ex dem. Livingston v. BarringerNew York Supreme Court · 1818
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Achelis v. MusgroveSupreme Court of Alabama · 1924
- Wooley v. HaysSupreme Court of Missouri · 1920
- Willard v. DarrahSupreme Court of Missouri · 1902
- Mitchner v. HolmesSupreme Court of Missouri · 1893
- Briant v. GarrisonSupreme Court of Missouri · 1899
17 more not listed; retrieve them via the Exa API.