Cornwell ex rel. Lemonds v. Thurston
Supreme Court of Missouri
•Appeal from Mercer Circuit- Court. E The description of the forty acre tract as described in the deed was no description of the lots in controversy. (Henry vs. Mitchell, 32 Mo., 512; Evans vs. Ashley, 8 Mo., 177.) I. Deeds and exceptions therein are construed most strongly against the grantor. (Nelson vs. Brodhack, 41 Mo., 596; Clemens vs. Rannells, 34 Mo., 579.) The authorities cited by defendant’s counsel are not in point.
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•Appeal from Mercer Circuit- Court. E The description of the forty acre tract as described in the deed was no description of the lots in controversy. (Henry vs. Mitchell, 32 Mo., 512; Evans vs. Ashley, 8 Mo., 177.) I. Deeds and exceptions therein are construed most strongly against the grantor. (Nelson vs. Brodhack, 41 Mo., 596; Clemens vs. Rannells, 34 Mo., 579.) The authorities cited by defendant’s counsel are not in point. The conveyances in those cases were made by virtue of sales under executions, and were construed most strongly in favor of the execution debtor;" in those cases there…
1Opinion of the CourtNapton, Judge
This was an ejectment to recover four lots in Girdner’s addition to the town of Princeton.
There was an agreed state of facts as follows : 1st. That one Wm. J. Girdner was the owner of the south-west quarter of the south-east quarter of section 27, T. 65, R. 24 on March 2nd, 1854; 2nd. that on that day, said Girdner platted and laid out into an addition to the town of Princeton in Mercer Co., Mo., a part of said forty acre tract, said town plat being about one and one-half acres, consisting of two *157blocks and fourteen lots in all, dedicating streets and alleys to the public, and recorded his…
2Cases cited2 opinions
- Evans v. AshleySupreme Court of Missouri · 1843
- Clemens v. RannellsSupreme Court of Missouri · 1864