Biddle v. Vandeventer
Supreme Court of Missouri
Appeal from St. Louis Land Court. This was an action of unlawful detainer. The only question for determination is whether a certain lease created a term for fifteen or sixteen years.
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Appeal from St. Louis Land Court. This was an action of unlawful detainer. The only question for determination is whether a certain lease created a term for fifteen or sixteen years. The only clause of the lease throwing light upon this matter is the habendum clause, which is as follows: “ To have and to hold the same unto them, the said parties of the second part, and to their executors, administrators and assigns, for and during the full and complete term of fifteen years from the date of these presents, to be complete and ended on the thirty-first day of December in the year eighteen…
1Opinion of the CourtNapton, Judge
All the rules which have been established for the construction of deeds have been framed as aids in arriving at the intention of the parties, which, if it be consistent with the rules of law, must be carried out. If doubts are created by repug-nancy or ambiguity in the language, they must be resolved generally against the grantor, because (says Bacon) “ he is presumed to have received a valuable consideration for what he parts with.” Cruise says: “ The principle of self-interest will make men sufficiently careful not to prejudice themselves by using words of too extensive a meaning; and all *503ma…
2Cited by5 opinions
- Snadon v. GayerMissouri Court of Appeals · 1978
- Strauss v. J. C. Nichols Land Co.Supreme Court of Missouri · 1931
- Bernero v. McFarland Real Estate Co.Missouri Court of Appeals · 1908
- Sarratt v. ArthurSupreme Court of Alabama · 1917
- Laaker v. ButtsMissouri Court of Appeals · 1974