Martin v. Kitchen
Supreme Court of Missouri
Appeal from Stoddard Circuit Court. — Roto. J. L. Fort,. Judge. (1) The deed of trust, and the trustee’s deed based thereon, offered by plaintiffs, should have been excluded by the court for the reason that they describe no property that could be located or identified from an inspection of the instruments.
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Appeal from Stoddard Circuit Court. — Roto. J. L. Fort,. Judge. (1) The deed of trust, and the trustee’s deed based thereon, offered by plaintiffs, should have been excluded by the court for the reason that they describe no property that could be located or identified from an inspection of the instruments. While there seems to no technical rule in regard to description of lands in a conveyance, yet it is always held that the description must be contained in the instrument or its references with such certainty that the land can be located and ascertained from it. Brown v. Walker, 11 Mo. App.…
1Opinion of the CourtLamm, J.
— This is a suit in ejectment brought by the widow and heirs at law of Edward Martin, deceased, to recover from George S. Kitchen and his wife the possession of the northwest quarter of the northwest quarter of section 7, township 27, range 10 east, in Stoddard county, alleged to contain 53 acres, more or less. Why the wife of Kitchen was made a party defendant does not appear.
The answer disclaims any interest in or title to 3.75 acres off the northeast corner of said tract; avers that said 3.75 acres were sold for taxes for the years 1872 to 1876 inclusive under an execution issued on a…
2Cases cited3 opinions
- Shaffer v. DetieSupreme Court of Missouri · 1905
- Haughton v. SartorMississippi Supreme Court · 1893
- Marvin v. ElliottSupreme Court of Missouri · 1889
3Cited by9 opinions
- Connelly v. SmithDistrict Court of Appeal of Florida · 1957
- Akins v. AdamsSupreme Court of Missouri · 1914
- Myher v. MyherSupreme Court of Missouri · 1909
- Pugh v. Queal Lumber Co.Supreme Court of Iowa · 1922
- McGrew v. ByrdCourt of Appeals for the Eighth Circuit · 1919
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