Foote v. Clark
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The court erred in giving defendants one-eighth of the land in controversy. Plaintiffs were entitled to recover the whole tract. The deed of Mrs. Hunt to Abbott did not contain any warranty or covenants of warranty of the title in fee. The deed must be viewed from the four corners, and be construed as the parties intended that it should.
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Appeal from Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The court erred in giving defendants one-eighth of the land in controversy. Plaintiffs were entitled to recover the whole tract. The deed of Mrs. Hunt to Abbott did not contain any warranty or covenants of warranty of the title in fee. The deed must be viewed from the four corners, and be construed as the parties intended that it should. Lively v. Rice, 22 N. E. Rep. 88S; Allen v. Holton, 20 Pick. 458 ; Sweet v. Brown, 12 Mete. 175 ; Howard v. Chase, 104 Mass. 249. The meaning or intention must be the guide to the…
1Opinion of the CourtBlack, J.
— This is an action of ejectment to recover one hundred acres of land in Andrew county. The plaintiffs, except Henry S. Kelley, are the surviving children and devisees of James C. Hunt. Kelley acquired a one-fourth interest from his coplaintiffs. The defendant Clark is the tenant of defendant Toole, who makes the defense. There was a judgment for the plaintiffs for seven-eighths of the land, and from that judgment both parties appealed.
James C. Hunt died testate, a resident of the state of North Carolina, in June, 1847, the owner of the one hundred and sixty acres, of which the land in…
2Cases cited19 opinions
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Henry v. McKerlieSupreme Court of Missouri · 1883
- Mitchell v. HazenSupreme Court of Connecticut · 1823
- Russ v. AlpaughMassachusetts Supreme Judicial Court · 1875
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3Cited by18 opinions
- Trevino v. TurcotteTexas Supreme Court · 1978
- Armor v. FreySupreme Court of Missouri · 1913
- Snadon v. GayerMissouri Court of Appeals · 1978
- Rumsey v. OtisSupreme Court of Missouri · 1896
- Cook v. DanielsSupreme Court of Missouri · 1957
13 more not listed; retrieve them via the Exa API.