Home/Supreme Court of Missouri/Armstrong v. Batterton

Armstrong v. Batterton

260 S.W. 80, 303 Mo. 220, 1924 Mo. LEXIS 743
CourtSupreme Court of Missouri
DecidedMarch 7, 1924
StatusPublished
Cited by2 cases

This text of 260 S.W. 80 (Armstrong v. Batterton) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Armstrong v. Batterton, 260 S.W. 80, 303 Mo. 220, 1924 Mo. LEXIS 743 (Mo. 1924).

Opinion

*222 RAGLAND, J.

Ejectment for a strip of land two hundred and ten feet wide at the west end, one hundred and fifty-two and one-half feet wide at the center, two hundred and ninety-one feet at the east end and sixty-one and eighty-five hundredth chains long, containing seventeen and nine-tenths acres.

The McBaine Land Company, a corporation, is the common source of title. On the first day of March, 1911, it was the owner of a large body of land bordering on the Missouri Eiver, in Boone County. On that date it conveyed to the plaintiff a tract described in its deed to her as follows:

“Three hundred sixty-eight and a half acres, parts of sections eighteen and nineteen, township forty-seven, range thirteen, known as the Marion Gilmore farm, more *223 particularly described as follows: Beginning thirteen and eighty-five hundredth chains east of the northwest corner of said section 18, thence east on the north line of said section thirty-three and twenty-hundredths chains to the west bank of Perche Creek, thence down the west hank of said creek as follows: south twenty-five degrees east fifteen chains, south seventeen degrees east eleven and fifty-hundredths chains, south twenty-one degrees east twenty-four and fifty-hundredths chains, south twenty-seven degrees east eighteen and seventeen hundredths chains, south forty-six and one-half degrees east ten chains, south thirty-five degrees east eleven and fifty-hundredths chains to the southeast corner of said Gilmore tract on the north high hank of an old slough, thence with said north hank south eighty-six degrees west sixtv-one and eighty-three hundredths chains to the southwest corner of said Gilmore tract, thence due north forty-five chains to a stone, thence north' eighty-one degrees west ten and seventeen-hundredths chains to a stone, the southwest corner of the Gilmore high lands, thence north thirty-six and fifty-hundredths chains to the beginning ’ ’

On May 31, 1913, the McBaine Land Company by two deeds conveyed three hundred and sixty-four acres, more or less, lying immediately south of the land it had theretofore conveyed to plaintiff, to M. R. Conley and defendant Batterton, in the proportions of one-fourth and three-fourths respectively. Thereafter Conley by deed conveyed his undivided one-fourth interest to the defendant. In setting forth the boundaries of the land conveyed each of the three deeds last mentioned described the beginning point and gave the first call for course and distance in this language:

“Beginning at a point on the north bank of an old slough, being the southeast corner of the Marion Gilmore land as described in a deed to Emma Armstrong from the McBaine Land Company, recorded in Book 132 at page 483 of the Boone County, Missouri, deed records and being the seventh point from the beginning in the description of said Marion Gilmore land in said deed, *224 thence south 85 degrees west 64 chains to the Missouri River.”

Prior to the institution of this suit defendant had cleared and put in cultivation the north part of his land and had built a wire fence along the line which he claims is his north boundary. In June, 1921, plaintiff caused a survey of her land to he made by S. P. Bewick, County Surveyor of Boone County. The following is a copy of the plat of that survey:

*225

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Koenig v. Skaggs
400 S.W.2d 63 (Supreme Court of Missouri, 1966)
Gee v. Sherman
293 S.W. 789 (Missouri Court of Appeals, 1927)

Cite This Page — Counsel Stack

Bluebook (online)
260 S.W. 80, 303 Mo. 220, 1924 Mo. LEXIS 743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armstrong-v-batterton-mo-1924.