Calloway v. Henderson
Supreme Court of Missouri
Appeal from, the St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) When there is a false call in a deed and it can be rejected and still leave sufficient to identify the land it will be rejected. Shewalter v. Pirner, 55 Mo. 218. (2) Whenever natural or permanent objects are embraced in the calls of a deed they absolutely control.
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Appeal from, the St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) When there is a false call in a deed and it can be rejected and still leave sufficient to identify the land it will be rejected. Shewalter v. Pirner, 55 Mo. 218. (2) Whenever natural or permanent objects are embraced in the calls of a deed they absolutely control. West v. Bretelle, 115 Mo. 653; Cooley v. Warren, 53 Mo. 166; Mitchner v. Holmes, 117 Mo. 185; Clamorgan v. Railroad, 72 Mo. 139; Clamorgan v. Hornsby, 13 Mo. App. 550; Rutherford v. Tracy, 48 Mo.-325; Fenwick v. Gill, 38 Mo. 510. (3) The court erred…
1Opinion of the CourtGantt, P. J.
Action in ejectment, for a tract containing thirty hundredths of an acre in United States survey number 2625, in St. Louis county. Ouster was laid June 2, 1891. The answer is a general denial.
The following facts were developed on the trial:
It was admitted by stipulation signed by the parties that from 1833 till 1879 or 1880 this tract in *79dispute was occupied by one Baber or his descendants who went into possession under and by permission of Sarah Robertson, the mother of Greorge Robertson. That Greorge Robertson died in 1879 or 1880 seized in fee of this tract and it was not a part of the…
2Cases cited1 opinion
- Thomson v. ThomsonSupreme Court of Missouri · 1893
3Cited by8 opinions
- Laclede Construction Co. V. T. J. Moss Tie Co.Supreme Court of Missouri · 1904
- Holland Land & Loan Co. v. HollandSupreme Court of Missouri · 1927
- Webb v. Missouri State Life InsuranceMissouri Court of Appeals · 1908
- Patton v. FoxSupreme Court of Missouri · 1904
- Buster Brown Co. v. North-Mehornay Furniture Co.Missouri Court of Appeals · 1910
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