Campbell v. Johnson
Supreme Court of Missouri
Appeal from Fourth District Court. The description in the deed is too vague to convey the forty acres in controversy. (1 Gxeenl. Ev. § 301, and authorities cited.) Plaintiffs having recovered the purchase money for said forty acres from defendant on the ground that they had no conveyance therefor, are estopped from setting up a title to the same against defendant. (1 Greenl.
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Appeal from Fourth District Court. The description in the deed is too vague to convey the forty acres in controversy. (1 Gxeenl. Ev. § 301, and authorities cited.) Plaintiffs having recovered the purchase money for said forty acres from defendant on the ground that they had no conveyance therefor, are estopped from setting up a title to the same against defendant. (1 Greenl. Ev. §§ 207-8; Taylor et al. v. Zepp, 14 Mo. 482 ; Chouteau et al. v. Groddin et al., 39 Mo. 250, and authorities cite I. A call in a deed for boundary will prevail over a call for quantity. (Whittelsey v. Kellogg, 28 Mo.…
1Opinion of the CourtWagner, Judge
This was an action of ejectment, brought in the Randolph County Circuit Court, for the northwest fourth of the southwest quarter of section eleven, township fifty-three, range sixteen, lying in said county. The defendant answered, denying plaintiff’s right to the land, and for a defense stated that on a given day he sold to plaintiff the land mentioned in the petition, and made, or attempted to make, a conveyance for the same, and supposed that he had properly conveyed it to plaintiff; that in a short time thereafter, being on the eve of leaving the State, the plaintiff sued him by attachment…
2Cases cited5 opinions
- Daniel Boardman and Others, in Error v. The Lessees of Reed and Ford, M'call and Others, in ErrorSupreme Court of the United States · 1832
- Taylor v. ZeppSupreme Court of Missouri · 1851
- Chouteau v. GoddinSupreme Court of Missouri · 1866
- Newman v. HookSupreme Court of Missouri · 1866
- Hardy v. MatthewsSupreme Court of Missouri · 1866
3Cited by27 opinions
- Lutsky v. Blue Cross Hospital Service, Inc. of MissouriSupreme Court of Missouri · 1985
- Coe v. RitterSupreme Court of Missouri · 1885
- Rutherford v. TracySupreme Court of Missouri · 1871
- Darley v. StarrSupreme Court of Georgia · 1920
- Burnett v. McClueySupreme Court of Missouri · 1883
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