Opinion

Montgomery v. Clarkson

585 S.W.2d 483
1979 Mo. LEXIS 295

Court: Supreme Court of Missouri
Filed: Sep 11, 1979
Status: Published
Author: Welliver
On the bench: Donnelly, Bardgett, Rendlen, Seiler, Henley, Finch, Welliver, Morgan, Higgins
Cited by: 4 cases

The opinion

*486 WELLIVER, Judge,

concurring.

I concur in the result of the principal opinion. I do not believe that McVey v. Phillips, 259 S.W. 1065 (Mo.1924), conflicts with the principal opinion and I would reserve the right to reform a deed in an appropriate case where there is clear, cogent and convincing evidence that the language of the deed did not represent the intent of the parties at the time of the drafting of the instrument. There is no such evidence in this record.

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