Partridge v. Partridge
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Eon. Wm. G. Ellison, Judge. (1) The alleged deed of March 7, 1895, from James M. Partridge and Elizabeth, his wife, to Agnes Smith, purporting to convey all their undivided shares in the eighty acres of land situate in section 33, township 64, range 34, was absolutely void, and should not have been admitted in testimony.
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Appeal from Nodaway Circuit Court. — Eon. Wm. G. Ellison, Judge. (1) The alleged deed of March 7, 1895, from James M. Partridge and Elizabeth, his wife, to Agnes Smith, purporting to convey all their undivided shares in the eighty acres of land situate in section 33, township 64, range 34, was absolutely void, and should not have been admitted in testimony. Mudd v. Dillon, 166 Mo. 110; Dixon v. Finnegan, 182 Mo. 111. (2) The defective description of the land in the alleged deed is a patent ambiguity and extrinsic evidence is not admissible to remove such ambiguity. Mudd v. Dillon, 166 Mo.…
1Opinion of the CourtGantt, P. J.
This is a suit by the children and heirs at law of James M. Partridge, deceased,, for partition of the south half of the southwest quarter of section 33, township 64, range 34, in Nodaway county, against Elizabeth Partridge, widow of said James M. Partridge, deceased, and her children by a former marriage with John C. Smith, deceased.
Plaintiffs state and the evidence tended to show that the said John C. Smith died seized of the said tract of land, leaving as his widow, Elizabeth Smith, since intermarried with and now the widow of James M. Partridge, and the following named children, to-wit:…
2Cases cited2 opinions
- Hutsell v. CrewseSupreme Court of Missouri · 1897
- Anderson v. ScottSupreme Court of Missouri · 1888
3Cited by4 opinions
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- Federal Land Bank v. McColganSupreme Court of Missouri · 1933
- Kanan v. HoganSupreme Court of Missouri · 1925
- White v. ReadingSupreme Court of Missouri · 1922