Bollinger County v. McDowell
Supreme Court of Missouri
Appeal from Bollinger Circuit Court. — Hon. James D. Pox, Judge. (1) The mortgage offered in evidence being a deed inter partes is not void for uncertainty of description.
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Appeal from Bollinger Circuit Court. — Hon. James D. Pox, Judge. (1) The mortgage offered in evidence being a deed inter partes is not void for uncertainty of description. Cravens v. Pettit, 16 Mo. 210; Evans v. Green, 21 Mo. 170; Charles v. Patch, 87 Mo, 450; Clemens v. JRannels, 34 Mo. 579; Cato v. Stewart, 28 Ark.,, 146; Meyer v. Mitchell, 75 Alabama, 475; Sikes v. Shows, 74 Alabama, 382; Blake v. Doherty, 5 Wheaton, 359; 3 Washbnrn Real Property [4 Ed.] side page 632, chapter 5, sec. 4, pars. 44 and 45; Tiedeman on Real Property, sec. 832. (2) Parol evidence was admissible to show the…
1Opinion of the CourtBarclay, J.
This is an action of ejectment in which there was a judgment for defendant in the trial court, to reverse which plaintiff has brought this writ of error.
Plaintiff’s claim of title rests on a mortgage (over due) in which the land conveyed is thus described:
“The following described lots, tracts or parcels of land lying, being and situated in the said county of Bollinger and state of Missouri, to-wit: Beginning on a Spanish oak. Thence south nine degrees east, thirty-five chains to a hickory. Thence north eighty-one degrees east, sixty-three chains to a white oak. Thence north nine degrees…
2Cases cited2 opinions
- Hammond v. JohnstonSupreme Court of Missouri · 1887
- Cravens v. PettitSupreme Court of Missouri · 1852
3Cited by8 opinions
- Mathews v. O'DonnellSupreme Court of Missouri · 1921
- Roden v. HelmSupreme Court of Missouri · 1905
- Carter v. FosterSupreme Court of Missouri · 1898
- Central Missouri Oil Co. v. City of St. JamesMissouri Court of Appeals · 1937
- Kretschmer v. HardSupreme Court of Colorado · 1893
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