Foster v. Byrd
Missouri Court of Appeals
Appeal from Linn Circuit Court. — No». John P. Butler, Judge. (1) The rule of law'is well settled that when two or more instruments of writing are executed or delivered contemporaneously, for the same purpose, in relation to the same subject-matter,, and to accomplish a common purpose, they will be held to constitute but a single instrument, and the recitals in one may be explained, limited or changed by the contents of the others. Houck v. Frisbee, 66 Mo.
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Appeal from Linn Circuit Court. — No». John P. Butler, Judge. (1) The rule of law'is well settled that when two or more instruments of writing are executed or delivered contemporaneously, for the same purpose, in relation to the same subject-matter,, and to accomplish a common purpose, they will be held to constitute but a single instrument, and the recitals in one may be explained, limited or changed by the contents of the others. Houck v. Frisbee, 66 Mo. App. 16; McDonald v. Wolf, 40 Mo. App. 302; Hunt v. Weed, 65 Mo. App. 529; Machine Co. y. Hills, 68 Mo. App. 249; Owingo v. McKenzie, 133…
1Opinion of the CourtJohnson, J.
This is an action to recover damages for the breach of covenants of seizin and warranty contained in a warranty deed executed and delivered by defendant to plaintiff, wherein the grantor undertook to convey an entire quarter section of land in Linn county. *171A jury was waived and the court found the issues in favor of plaintiff and entered judgment accordingly. Defendant appealed.
It appears that the quarter section of land described in the warranty deed contains about one hundred sixty-four acres. • Defendant at one time owned the whole tract, but in 1888 deeded to a railroad company a strip…
2Cases cited12 opinions
- Parker v. RobertsSupreme Court of Missouri · 1893
- Adkins v. TomlinsonSupreme Court of Missouri · 1894
- Wood v. MurphyMissouri Court of Appeals · 1892
- Taylor v. CayceSupreme Court of Missouri · 1888
- Rawlins v. RawlinsSupreme Court of Missouri · 1890
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3Cited by2 opinions
- Stone v. FryMissouri Court of Appeals · 1915
- Rainey v. DavidsonMissouri Court of Appeals · 1930