Bricken v. Cross
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. W. W. Puncher, Judge. (1) The only means of identifying and locating the land conveyed in the said deed from Turner and wife to plaintiff, is the description contained in the deed. If the description be so indefinite as to render the identity of the land wholly uncertain, then the deed is void.
Read the full summary
Appeal from Carroll Circuit Court. — Hon. W. W. Puncher, Judge. (1) The only means of identifying and locating the land conveyed in the said deed from Turner and wife to plaintiff, is the description contained in the deed. If the description be so indefinite as to render the identity of the land wholly uncertain, then the deed is void. Hardy v. Matthews, 38 Mo. 121; Jennings v. Brizeadine, 44 Mo. 332; Campbell v. Johnson, 44 Mo. 249; Nelson v. Brodhack, 44 Mo. 603; Ford v. Unity Church Society, 120 Mo. 505. (2) This is the second time this cause has been before this court on appeal. Brieken…
1Opinion of the CourtValliant, J.
This is an action of ejectment. The original petition was filed April 4, 1894. This is the second appeal in the case. [Bricken v. Cross, 140 Mo. 166.] On the former appeal the judgment, which was for the plaintiff, was reversed on the ground that the petition did not describe the land embraced in the judgment, and the cause was remanded. Upon the return of the case to the circuit court the plaintiff filed an amended petition and the trial resulted again in a verdict and judgment for the plaintiff for a small part of the land sued for, from which the defendants take this appeal.
Upon the trial,…
2Cases cited4 opinions
- Lilly v. TobbeinSupreme Court of Missouri · 1890
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Buel v. St. Louis Transfer Co.Supreme Court of Missouri · 1870
- Bricken v. CrossSupreme Court of Missouri · 1897
3Cited by8 opinions
- Ford v. American Brake Shoe Co.Missouri Court of Appeals · 1952
- Miller v. MunzerMissouri Court of Appeals · 1952
- Jensen v. HinderksSupreme Court of Missouri · 1936
- Wright v. GroomSupreme Court of Missouri · 1912
- Mitchell v. Health Culture CompanySupreme Court of Missouri · 1942
3 more not listed; retrieve them via the Exa API.