Deal v. Cooper

• Decision Date: 06 February 1888
• Citation: 6 S.W. 707,94 Mo. 62
• Parties: DEAL v. COOPER.
• Court: Missouri Supreme Court

6 S.W. 707

94 Mo. 62

DEAL v. COOPER.

Supreme Court of Missouri.

February 6, 1888.

1. BOUNDARIES — CALLS — SUPPLYING OMISSIONS.

The description of a parcel of land called for 250 feet, more or less, to a stake; thence east, with the line dividing the N. W. ¼, etc., of section, etc. On applying the description to the land, it appeared that the call of 250 feet did not extend to the dividing line. Held, that the second call should read east, "parallel" with.

2. SAME — PAROL EVIDENCE — HARMLESS ERROR.

On the trial of an action in which the boundaries of a parcel of land came in question, parol evidence was admitted to show what the grantor intended to convey. Held, that it was no cause for reversal, as the judgment was clearly for the right party.

Appeal from circuit court, Dunklin county; JOHN G. WEAR, Judge.

This was an action of ejectment brought by Henry J. Deal against Andrew F. Cooper. Judgment for plaintiff. Defendant appeals.

S. G. Kitchen & Son and Smith, Silver & Brown, for appellant. George N. Boughton and J. J. Russel, for respondent.

BLACK, J.

In 1875 the plaintiff, Henry J. Deal, conveyed to James A. and the defendant, Andrew F. Cooper, a parcel of land by the following description: "Commencing at a stake 50 feet south of the center of the line of the Cairo, Arkansas & Texas Railroad, where said railroad crosses the section line between sections 22 and 23, on the west line of the N. W. ¼ of S. W. ¼ of said section 23; thence south 250 feet, more or less, with the section line to a stake; thence east with the line dividing the N. W. ¼ and the S. W. ¼ of the S. W. ¼ of said section 23, 600 feet, more or less, to the middle of N. W. ¼ of S. W. ¼ of said section 23, to a stake; thence north to the south line of the right of way of said Cairo, Arkansas & Texas Railroad; thence, in a southwesterly direction, along the right of way line aforesaid, to the place of beginning, — being in township 15 north, of range 10 east." This deed, on its face, describes about four acres of land. The plaintiff then owned six acres to the south of these four acres, which were occupied by tenants. Subsequently the defendant got possession of the ten acres, and set up title thereto, under the above deed, and the plaintiff brought this action of ejectment for the six acres.

The first call in the deed, it will be seen, is from the railroad south 250 feet, more or less, to a stake; and the second call is, thence east, with the line dividing the N. W. ¼ and...