Griffin v. McIntosh
Supreme Court of Missouri
Appeal from Polk Circuit Court . — Hon. Argus Cox, Judge. Parol testimony will not be permitted to control, the meaning of a deed, or the intention as shown therein. Simonds, Admr. v. Beauchamp, 1 Mo. 589; 1 Greenleaf (Eedfield’s Ed.), sec. 275; Jennings v. Brizeadine, 44 Mo. 332. “In the construction the expressed will of the parties is to control.
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Appeal from Polk Circuit Court . — Hon. Argus Cox, Judge. Parol testimony will not be permitted to control, the meaning of a deed, or the intention as shown therein. Simonds, Admr. v. Beauchamp, 1 Mo. 589; 1 Greenleaf (Eedfield’s Ed.), sec. 275; Jennings v. Brizeadine, 44 Mo. 332. “In the construction the expressed will of the parties is to control. If this be plain upon the face of the instrument courts are to go no further, though the words used frustrate the grant itself.” Jennings v. Brizeadine, supra. The delivery of a deed to pass title is a question of intention and the delivery to the…
1Opinion of the CourtGantt, P. J.
This is an action by two of the daughters of Collon McIntosh, deceased, to recover each one undivided one-eighth of certain real estate in Polk county, from the defendant James IT. McIntosh, their brother, who is a son of said Collon McIntosh, deceased. Collon McIntosh left surviving him at his death March 23, 1896, his widow, Jane McIntosh, who afterwards died January 7, 1898, and eight children.
After the death of the widow the plaintiffs brought *395this action of ejectment to be let into possession with their brother, the defendant, of two-eighths of the lands owned by their father in his…
2Cases cited7 opinions
- Sneathen v. SneathenSupreme Court of Missouri · 1891
- Leaver v. GaussSupreme Court of Iowa · 1883
- Standiford v. StandifordSupreme Court of Missouri · 1888
- Murphy v. GabbertSupreme Court of Missouri · 1902
- Tobin v. BassSupreme Court of Missouri · 1885
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3Cited by10 opinions
- Hunt v. HuntCourt of Appeals of Kentucky · 1904
- Shaull v. ShaullSupreme Court of Iowa · 1918
- Aldridge v. AldridgeSupreme Court of Missouri · 1907
- Terry v. GloverSupreme Court of Missouri · 1911
- Coles v. BelfordSupreme Court of Missouri · 1921
5 more not listed; retrieve them via the Exa API.