Chambers v. Chambers
Supreme Court of Missouri
Appeal from Grundy Circuit Court. — Hon. G. W. WanamaJcer, Judge. (1) The petition fails to state facts sufficient to constitute a cause of action. The deed in question being a regular warranty deed with all the usual covenants, having been voluntarily made and filed for record by plaintiff, uninfluenced by appellant or any other person, no extrinsic evidence of the plaintiff’s intentions or purpose in making the deed was admissible.
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Appeal from Grundy Circuit Court. — Hon. G. W. WanamaJcer, Judge. (1) The petition fails to state facts sufficient to constitute a cause of action. The deed in question being a regular warranty deed with all the usual covenants, having been voluntarily made and filed for record by plaintiff, uninfluenced by appellant or any other person, no extrinsic evidence of the plaintiff’s intentions or purpose in making the deed was admissible. R. S. 1899, sec. 3416; Price v. Kane, 112 Mo. 412; Weiss v. Heitkamp, 127 Mo. 23; Rogers v. Ramey, 137 Mo. 598; Bartlett v. Trinsley, 175 Mo. 319; Richardson v.…
1Opinion of the CourtLamm, P. J.
Plaintiff claiming to own the west one-half of the southwest quarter of section 9, township 62, range 24, in Grundy county, sues to cancel his deed conveying the same to Lillian, his daughter, and to remove the cloud on his title arising from its record.
In one view of it the suit is under section 650 to determine title, hut there are allegations involving equity jurisdiction and equitable relief is asked. The deed bore date July 28,1891, and was recorded promptly in the office of the recorder of. deeds of said county. The grounds in the petition on which relief is predicated are that it was…
2Cases cited2 opinions
- Bobb v. BobbSupreme Court of Missouri · 1886
- Weiss v. HeitkampSupreme Court of Missouri · 1895
3Cited by44 opinions
- Parker v. BlakeleySupreme Court of Missouri · 1936
- Robinson v. FieldSupreme Court of Missouri · 1938
- Allison v. MildredSupreme Court of Missouri · 1957
- Radford v. RadfordSupreme Court of Missouri · 1965
- Williams v. RobinsonCourt of Appeals of Maryland · 1944
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