Deal v. Cooper
Supreme Court of Missouri
Appeal from DunTclin Circuit Court. — Hon. John Gr. Weak, Judge. (1) The court committed manifest error in admitting the depositions of plaintiff and others. This was a complete substitution of parol evidence for a conveyance of land by deed in writing. The evidence might have been competent on a bill in equity to reform the deed because of mistake, but was certainly not admissible' in ejectment.
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Appeal from DunTclin Circuit Court. — Hon. John Gr. Weak, Judge. (1) The court committed manifest error in admitting the depositions of plaintiff and others. This was a complete substitution of parol evidence for a conveyance of land by deed in writing. The evidence might have been competent on a bill in equity to reform the deed because of mistake, but was certainly not admissible' in ejectment. Jennings v. Brizeadine, 44 Mo. 332. It was not a case of latent ambiguity explainable by extrinsic evidence. Hardy v. Mathews, 38 Mo. 123; Jennings v. Brizeadine, 44 Mo. 332. “ A latent ambiguity is…
1Opinion of the CourtBlack, J.
In 1873, the plaintiff, Henry J. Deal, conveyed to James A., and the defendant, Andrew F., Cooper, a parcel of land by the following description: “Commencing ata stake fifty feet south of the centre of the line of the Cairo, Arkansas & Texas Eailroad, where said railroad crosses the section line between sections 22 and 23, on the west line of the northwest quarter of southwest quarter of said section 23; thence south two hundred and fifty feet, more or less, with the section line to a stake; thence east, with the line dividing the northwest quarter and the southwest quarter of the southwest…
2Cases cited2 opinions
- Burnett v. McClueySupreme Court of Missouri · 1883
- Hoffman v. RiehlSupreme Court of Missouri · 1858
3Cited by13 opinions
- Whitaker v. WhitakerSupreme Court of Missouri · 1903
- Central Missouri Oil Co. v. City of St. JamesMissouri Court of Appeals · 1937
- Polk v. CareyCourt of Appeals of Texas · 1922
- Gardner v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1896
- Presnell v. HeadleySupreme Court of Missouri · 1897
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