Simpson v. Wabash Railroad
Supreme Court of Missouri
Appeal from St. Louis Cotmty Circuit Court. — Hon. Eudolph Hirzel, Judge. (1) The natural configuration of the premises in question, and of the land adjacent thereto, was immaterial and not pertinent to the questions at issue, and testimony thereto should not have been admitted over plaintiff’s objection.
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Appeal from St. Louis Cotmty Circuit Court. — Hon. Eudolph Hirzel, Judge. (1) The natural configuration of the premises in question, and of the land adjacent thereto, was immaterial and not pertinent to the questions at issue, and testimony thereto should not have been admitted over plaintiff’s objection. (2) Particular descriptions in a deed prevail over general, and nothing passes by a deed that is not described in it. 1 Jones’ “Law of Eeal Property in Conveyancing,” secs. 325 and 410; Grandly v. Casey, 93 Mo. 595; Railroad v. Greene, 68 Mo. 169. (3) The second of the two instructions given…
1Opinion of the CourtMarshall, J.
The statement of this case, by counsel for appellant, is so clear, full and fair that we adopt it.
“This is an action of ejectment brought on the twenty-eighth’ day of June, 1894, to the May term, 1894, of the circuit court of St. Louis county. The petition is in the ordinary form, plaintiff claiming that he is entitled to possession of lot 13 in the town of Ferguson, formerly Ashland, and that defendant has unlawfully entered upon the same, and unlawfully withholds possession thereof from the plaintiff, to his damage, etc.
“The amended answer is, first, a general denial; second, a claim of…
2Cases cited11 opinions
- Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
- Shewalter v. PirnerSupreme Court of Missouri · 1874
- Finch v. UllmanSupreme Court of Missouri · 1891
- West v. BretelleSupreme Court of Missouri · 1893
- Kronenberger v. HoffnerSupreme Court of Missouri · 1869
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3Cited by2 opinions
- First National Bank of Marshall v. BeaversCourt of Appeals of Texas · 1980
- Virginian Railway Co. v. HoodSupreme Court of Virginia · 1929