Missouri Pacific Railway Co. v. Maffitt
Supreme Court of Missouri
Error to Johnson Circuit Court. - — Hon. N. M. Gtvan Judge. (1) Error was committed in admitting in evidence the deeds to Baker, and from the latter to plaintiff, because they did not describe or' undertake to convey the lands in controversy.
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Error to Johnson Circuit Court. - — Hon. N. M. Gtvan Judge. (1) Error was committed in admitting in evidence the deeds to Baker, and from the latter to plaintiff, because they did not describe or' undertake to convey the lands in controversy. (2) ThAcoriift. erred in not finding defendant to have been in adverse; possession ten years. •(3) The equitable defence should have been sustained. {a) It set up such a mistake of law as a court of equity will relieve from, it being a mistake as to. the operation and legal effect of an instrument. 1 Story’s Eq. Jur., sec. 124, et seq.; Harvey v.…
1Opinion of the CourtRay, J.
This is an action of ejectment, the petition being in the usual form. In 1869, Samuel Graham and wife and Elhanan Roop and wife executed and acknowledged, and filed for record with the recorder of deeds for Johnson county, Missouri, a plat of the town of Centreview, in which occurred the language following, to-wit: “The land being one hundred feet wide on the south side and one hundred and fifty feet on the north side of the railroad tract (or track) being hereby given and donated to the railroad-.” The answer and reply show, and it was also admitted and stipulated at the trial, that the…
2Cited by6 opinions
- Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901
- Brown v. Lehigh Valley RailroadNew York Supreme Court · 1919
- Fordyce v. RappSupreme Court of Missouri · 1895
- Raleigh Storage Co. v. BunnSupreme Court of North Carolina · 1926
- Mount Union College v. MistelskiStark County Court of Common Pleas · 1917
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