Wheeler v. Reynolds Land Co.
Supreme Court of Missouri
Appeal from Howell Circuit Court. — IIon W. N. Evans, Judge. (1) It was error to permit defendant by .parol or other evidence to attempt to show the patent issued to plaintiff by Butler county was without consideration. ‘ ‘ The general rule in this State is that the consideration clause of a deed is open to explanation; that is to say, that while it is not allowable to show no consideration for the purpose of defeating the operation of the deed as a grant, the true…
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Appeal from Howell Circuit Court. — IIon W. N. Evans, Judge. (1) It was error to permit defendant by .parol or other evidence to attempt to show the patent issued to plaintiff by Butler county was without consideration. ‘ ‘ The general rule in this State is that the consideration clause of a deed is open to explanation; that is to say, that while it is not allowable to show no consideration for the purpose of defeating the operation of the deed as a grant, the true consideration may he shown.” Edwards v. Latimer, 183 Mo. 626. Many cases decided by this court announce the same rule.…
1Opinion of the CourtYalliant, J.
This is a suit under section 650, Revised Statutes 1899, to quiet title to about 4,300 acres of land in Butler county, the same being a part of the swamp and overflowed land granted by the United States to the State of Missouri under the act of Congress of date September 28, 1850, conveyed by patent from the United States to the State of Missouri, and by the State to Butler county. The petition states that the land was conveyed to the plaintiff by Butler county by patent duly executed; that it is not in the actual possession of anyone, but is wild and uncultivated; that defendant claims some…
2Cases cited1 opinion
- State ex rel. Marshall v. Butler CountySupreme Court of Missouri · 1901
3Cited by13 opinions
- Matthew v. MoncriefCourt of Appeals for the D.C. Circuit · 1943
- Cullen v. JohnsonSupreme Court of Missouri · 1930
- Empire District Electric Co. v. CoverdellMissouri Court of Appeals · 2015
- Bayless v. GibbsSupreme Court of Missouri · 1913
- Hansen v. O'MalleySupreme Court of Missouri · 1947
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