Means v. De La Vergne
Supreme Court of Missouri
Appeal from Henry Circuit Court, The failure to fix monuments, or to give corners and distances, does not render a deed void for uncertainty. (Seaman v. Hogeboom, 21 Barb. 406; 4 Ad. & Ellis, 81.) I. Parol testimony cannot be resorted to to control the meaning of a deed, or give it a different meaning from that which it carries on its face. • H. The lease was properly excluded on account of the uncertainty of its description.
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Appeal from Henry Circuit Court, The failure to fix monuments, or to give corners and distances, does not render a deed void for uncertainty. (Seaman v. Hogeboom, 21 Barb. 406; 4 Ad. & Ellis, 81.) I. Parol testimony cannot be resorted to to control the meaning of a deed, or give it a different meaning from that which it carries on its face. • H. The lease was properly excluded on account of the uncertainty of its description. It contains no description, or reference to any description, by which a surveyor could find the premises described therein, or the lot in controversy, not even giving…
1Opinion of the CourtBliss, Judge
The plaintiff brought ejectment, and founded his right to enter upon a lease which the court held to be void from defect of description. It appears that he had sold his farm near the town of Clinton, upon which he had resided for many years, to one Boyer, and the latter, as part consideration, executed to him a life lease beginning as follows: “This indenture, made this May 3d, 1865, between Jacob Boyer, Sr., of the town of Bryan, county of Williams and State of Ohio, and William B. Means, o£ the town of Clinton, county of Henry and State of Missouri, witnesseth: that the said Jacob Boyer,…
2Cases cited1 opinion
- Maupin v. EmmonsSupreme Court of Missouri · 1871
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