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Walters v. Tucker

Supreme Court of Missouri
281 S.W.2d 843 (1955)


Facts

Fred Wolf owned a parcel of residential real property. Wolf conveyed a portion of the parcel by deed describing the conveyed portion as the west 50 feet of Lot 13. At the time of conveyance, a house existed on the portion conveyed. After conveyance, Wolf built a house on the retained portion. Walters (plaintiff) was the successor in title to the portion described as the west 50 feet. Tucker (defendant) was the successor in title to the portion retained by Wolf. Walters asserted that the boundaries of the conveyed portion should be established by measuring a line 50 feet at right angles to the west line of the original lot. Tucker asserted that the intent of the conveyance was to provide 50 feet of frontage along a road running at a diagonal to the lot lines. Tucker’s method of establishing the boundaries of the conveyed parcel would result in the width of Walters’ lot measuring approximately 42 feet from the west line of the original lot. Tucker’s method of measurement would also result in an encroachment upon a driveway appurtenant to Walters’ property. Walter filed a quiet title action. The trial court heard extrinsic evidence and concluded that the grantor’s intent was to convey 50 feet of frontage along the roadway. The trial court ruled in favor of Tucker. Walters appealed.

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Issue

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Holding and Reasoning (Hollingsworth, J.)

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