Missouri Appeal Reports Volume 71

Missouri Appeal Reports Volume 71

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...walls at the time the deed to plaintifis was eavecuted and delivered to them." We wish to discuss only the italicized portion of the instruction. The evidence as to the location of the organ was directed exclusively to the time Vardeman purchased, whereas the instruction tells the jury that it was immaterial that the organ was not in the church building when plaintifs bought. The question was what did Vardeman buy, as it was conceded that whatever passed by the deed to him was subsequently conveyed by him to plaintiiTs._ Now, if the defendant's evidence as to the location of the organ at the time of the sale was relevant and competent evidence in determining whether the title to the organ passed by the deed to Vardeman, it is clear that the instruction complained of was misleading and prejudicial. The question then is, was this evidence competent and relevant. It was certainly not admissible to contradict or detract from the deed. Was it admissible as an aid in ascertaining the meaning of the parties as to the subject-matter of the deed? My associates are clearly of opinion that the evidence was inadmissible for any purpose and that the direction of the court was right, whether the evidence was directed to the one sale or the other. 1 have some difficulty at this point. It is a rule in regard to all written contracts that they are to be interpreted according to their subject-matter, and such evidence, when received, may authorize an interpretation different from that the instrument would receive, if considered in the abstract. 1 Greenleaf on Evidence, 286. Now, if there was other donated property to which the deed could apply, I think that it would have been competent for the defendant to show that prior to the purchase by...show more

Product details

  • Paperback | 224 pages
  • 189 x 246 x 12mm | 408g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236770560
  • 9781236770561