Long v. Wagoner
Supreme Court of Missouri
Error to Second District Court. cited Davis v. Davis, 8 Mo. 56; 5 Am. Law Reg., N. S., 142 ; 1 Stark. Ev., § 652 ; Boardman v. Reed’s Lessee, 6 Pet. 845 ; Dell v. Dawson, 32 Mo. 87; Hardy v. Mathews, 38 Mo. 121 ; Campbell v. Johnson, 44 Mo. 250; Clemens v- Rannells et al., 34 Mo. 579; Speck v. Wohlien, 22 Mo. 315; Moreau v. Detchemendy, 18 Mo. 522. The omission of not stating the county in the deed was not such an ambiguity as would defeat the title.
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Error to Second District Court. cited Davis v. Davis, 8 Mo. 56; 5 Am. Law Reg., N. S., 142 ; 1 Stark. Ev., § 652 ; Boardman v. Reed’s Lessee, 6 Pet. 845 ; Dell v. Dawson, 32 Mo. 87; Hardy v. Mathews, 38 Mo. 121 ; Campbell v. Johnson, 44 Mo. 250; Clemens v- Rannells et al., 34 Mo. 579; Speck v. Wohlien, 22 Mo. 315; Moreau v. Detchemendy, 18 Mo. 522. The omission of not stating the county in the deed was not such an ambiguity as would defeat the title. (Hart v. Rector et al., 13 Mo. 497 ; Evans v. Green, 21 Mo. 170 ; 44 Mo. 185; 43 Mo. 13 ; 1 Greenl. Ev. 6.)
1Opinion of the CourtCurrier, Judge
Trespass guare clausum. Thomas R. Livingston, in his lifetime, acquired under a patent from the United States the title to forty acres of land situated in Washington county, Missouri, which were described in the patent as follows : “ The southeast fourth of the northeast fourth of section 24, township 39, range 1 east, in the district of lands subject to sale at St. Louis, Missouri.” Livingston subsequently died, and his administratrix, under aq order of the County Court of said Washington county, sold and conveyed to the plaintiff forty acres of land by the following description, viz: “ The…
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