Owens v. Carthage & Western Railway Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Ho». J. D. Perkins, Judge. (1) The finding and decree is not warranted by the pleadings, and is not supported by the facts shown in evidence. In other words, the court below was not authorized, under the pleadings and evidence, and it was error to reform the deed in question by inserting such a provision therein. Jewett v. Railway, 45 Mo. App. 58; Blain v. Knapp, 140 Mo. 251; Mastin v. Halley, 61 Mo. 196; Bank v. Farris, 77 Mo.
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Appeal from Jasper Circuit Court. — Ho». J. D. Perkins, Judge. (1) The finding and decree is not warranted by the pleadings, and is not supported by the facts shown in evidence. In other words, the court below was not authorized, under the pleadings and evidence, and it was error to reform the deed in question by inserting such a provision therein. Jewett v. Railway, 45 Mo. App. 58; Blain v. Knapp, 140 Mo. 251; Mastin v. Halley, 61 Mo. 196; Bank v. Farris, 77 Mo. App. 186; 2 Am. and Eng. Ency Law (2 Ed.), 304; Webster v. Paul, 10 O. St. 532; Crim v. Crim, 162 Mo. 553; Johnson v. Ins. Co., 93…
1Opinion of the CourtEllison, J.
— The plaintiff is the owner of land over which defendant constructed its railway. Plaintiff conveyed the right of way to defendant by deed, the consideration expressed'being $400 in money and the following clause: “Said Carthage & Western Railway Company hereby agrees to construct cattle or wagon pass at place designated by the chief engineer on said premises.” Plaintiff alleges that he and defendant understood that the contract and agreement was that defendant would construct a crossing under the tracks of sufficient width and height to admit of the passage of cattle and loaded wagons; that…
2Cases cited7 opinions
- Mastin v. HalleySupreme Court of Missouri · 1875
- Jamison v. CopherSupreme Court of Missouri · 1865
- Anderson v. McPikeMissouri Court of Appeals · 1890
- Henderson v. BeasleySupreme Court of Missouri · 1897
- Mead v. BrownSupreme Court of Missouri · 1877
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3Cited by3 opinions
- Kansas City v. Kansas City Terminal Railway Co.Supreme Court of Missouri · 1930
- Snip v. City of LamarMissouri Court of Appeals · 1947
- Indianapolis Northern Traction Co. v. EssingtonIndiana Supreme Court · 1912