Hubbard v. Whitehead
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon W. B. Teasdale, Judge. (1) If the Platt deed be construed to embrace the land in question, it must necessarily follow that two descriptions are embraced in the deed, and this constitutes a patent ambiguity, rendering the deed void, and parol evidence is not admissible to aid such description.
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Appeal from Jackson Circuit Court. — Hon W. B. Teasdale, Judge. (1) If the Platt deed be construed to embrace the land in question, it must necessarily follow that two descriptions are embraced in the deed, and this constitutes a patent ambiguity, rendering the deed void, and parol evidence is not admissible to aid such description. Mudd v. Dillon, 166 Mo. 110; Carter v. Holman, 60 Mo. 498; Devlin on Deeds, sec. 1010. (2) The description in the Platt deed cannot be so construed as to embrace the property in question. (1) Every deed must if possible be made operative. Peter v. Byrne, 175 Mo.…
1Opinion of the CourtGantt, P. J.
This is an action in ejectment. The petition is in the ordinary form and the answer, is a general denial. The land in dispute is the following: Lots 90 and 91, block 13, Hubbard's Addition to the City of Kansas (no'w Kansas City) and consisting of about 85 feet at the southwest corner of Eighth and Wyandotte streets in Kansas City. A portion of lot number 90, in fact, all thereof except two' feet and three inches, was condemned and taken as a part of Eighth street in 1880: The said portion is not in question in this suit.
*677On March 8, 1834, the United States issued to Callise Montardeau a…
2Cases cited6 opinions
- Walsh v. HillCalifornia Supreme Court · 1869
- Scott v. PettigrewTexas Supreme Court · 1888
- Speed v. St. Louis Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1901
- Roberts v. McIntireSupreme Judicial Court of Maine · 1892
- Cannon v. EmmansSupreme Court of Minnesota · 1890
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3Cited by6 opinions
- Dunn v. StrattonMississippi Supreme Court · 1931
- Snadon v. GayerMissouri Court of Appeals · 1978
- City of Warsaw v. SwearnginSupreme Court of Missouri · 1956
- Willis v. RobinsonSupreme Court of Missouri · 1922
- Johnson v. Buffalo School District No. 1Supreme Court of Missouri · 1950
1 more not listed; retrieve them via the Exa API.