Marvin v. Elliot

• Decision Date: 27 January 1890
• Citation: 99 Mo. 616,12 S.W. 899
• Parties: MARVIN et al. v. ELLIOT.
• Court: Missouri Supreme Court

12 S.W. 899

99 Mo. 616

MARVIN et al. v. ELLIOT.

Supreme Court of Missouri.

January 27, 1890.

DEEDS — DESCRIPTION.

1. A deed conveying property by lot numbers is not void for uncertainty, though the recorded plat shows no division of the blocks into lots; it being shown that the proprietors had always treated the blocks as divided into lots, and that for many years the property had been assessed, conveyed, and generally known by the lot numbers.

2. The deed through which both the plaintiffs and defendant claim, describing the property, not only as the east half of the block, but also by the lot numbers, the plaintiffs are bound to take notice of its contents, and of the fact that the property was known by the lot numbers.

Appeal from circuit court, Pettis county; RICHARD FIELD, Judge.

Ejectment by Edward B. Marvin and others against Charles H. Elliot. Plaintiffs appeal from a judgment for defendant.

Chas. E. Yeator, for appellants. Sangree & Lamm, for respondent.

BLACK, J.

This is an action of ejectment for a parcel of ground described by metes and bounds. It is shown to be the same land claimed by the defendant by the description of lot 10, in block 6, of Cotton Bros'. addition to the city of Sedalia. The Cotton Bros. and one Strait, who were the proprietors of the addition, by a deed dated the 21st October, 1867, and recorded on the 23d of the same month, conveyed to Margaret S. Watts "the east half of block No. 6, or all of lots 7, 8, 9, 10, 11, and 12 in said block, in Cotton Brothers' addition." Mrs. Watts and her husband, by their warranty deed dated the 26th November, 1867, and recorded on the 28th of the same month, conveyed to Eliza Carrico "lots 7, 8, 9, and 10 of block 6, in the east half of said block of Cotton Brothers' addition." The defendant acquired lot 10 by several mesne conveyances. Mrs. Carrico, the defendant, and the intermediate purchasers under this chain of title, have had possession since October, 1867. On the 8th June, 1878, Mrs. Watts and her husband made a quitclaim deed to Hartshorn, for the recited consideration of one dollar, to "the east half of block six, in Cotton Brothers' addition," and he conveyed to the plaintiffs. It will be seen the plaintiffs and defendant all claim under Mrs. Watts, the defendant, under possession, and a deed which antedates more than 10 years the quitclaim deed under which plaintiffs set up title. To defeat this elder title, the plaintiffs put in evidence the recorded plat of said addition, from which it appears the...