Mollie Gibson Consolidated Min. & Mill. Co. v. Thatcher

Eighth Circuit

Mollie Gibson Consolidated Min. & Mill. Co. v. Thatcher

57 F. 865, 6 C.C.A. 621, 1893 U.S. App. LEXIS 2213

CourtCourt of Appeals for the Eighth Circuit

DecidedSeptember 18, 1893

DocketNo. 266

StatusPublished

This text of 57 F. 865 (Mollie Gibson Consolidated Min. & Mill. Co. v. Thatcher) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mollie Gibson Consolidated Min. & Mill. Co. v. Thatcher, 57 F. 865, 6 C.C.A. 621, 1893 U.S. App. LEXIS 2213 (8th Cir. 1893).

Pincite

Opinion

CALDWELL, Circuit Judge,

(after stating the facts.) The oniy question in this case is whether the 1.07 acres of land in controversy was excluded! in the conveyance and contracts made by the appellees to and with the appellant. There is a*good deal of parol testimony in the record touching this question, hut, if such evidence is competent, it is too conflicting, and too nearly balanced, to vary the legal effect and construction of the written contracts and deed. The case must therefore be determined upon an inspection and construction of those instruments. 1 Upon this question we fully concur in the reasoning and conclusion reached by Judge HALLETT in his opinion set out in the statement of the case. The decree of the circuit court is therefore affirmed.

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

CALDWELL, Circuit Judge,

(after stating the facts.) The oniy question in this case is whether the 1.07 acres of land in controversy was excluded! in the conveyance and contracts made by the appellees to and with the appellant. There is a*good deal of parol testimony in the record touching this question, hut, if such evidence is competent, it is too conflicting, and too nearly balanced, to vary the legal effect and construction of the written contracts and deed. The case must therefore be determined upon an inspection and construction of those instruments. 1 Upon this question we fully concur in the reasoning and conclusion reached by Judge HALLETT in his opinion set out in the statement of the case. The decree of the circuit court is therefore affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

57 F. 865, 6 C.C.A. 621, 1893 U.S. App. LEXIS 2213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mollie-gibson-consolidated-min-mill-co-v-thatcher-ca8-1893.