386 S.W.3d 837
Mo. Ct. App.2012Background
- Debbie and Monty McLallen appeal a summary judgment quieting title to eight acres north and west of Elk River in the Geigles.
- Three deeds from 1984, 1998, and 2002 convey land described as lying North and West of Elk River, but do not specify which Elk River channel was the boundary.
- Elk River consisted of two channels in 1984, with the southern channel carrying more water; in the 1990s the northern channel carried more water.
- The 1984 deed to Judy Geigle describes the property lying north and west of Elk River, excluding a county road.
- The 1998 deed from Geigles to Pittman and the 2002 deed to McLallen/McLallen spouses similarly describe land lying north and west of Elk River.
- The trial court granted summary judgment for the Geigles, ruling the 1998 deed was unambiguous and did not convey land south and east of Elk River; McLallens appealed claiming latent ambiguities require parol evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the deeds contain latent ambiguity. | McLallen contends latent ambiguity exists due to two Elk River channels. | Geigles contend the deeds are unambiguous on their face. | Latent ambiguity exists; summary judgment reversed. |
Key Cases Cited
- Wolf v. Miravalle, 372 S.W.2d 28 (Mo. banc 1963) (latent ambiguity resolved by extrinsic evidence to identify intended tract)
- Becker v. Workman, 530 S.W.2d 3 (Mo.App.1975) (latent ambiguity explained by extrinsic facts; parol evidence admissible)
- Penrod v. Henry, 706 S.W.2d 537 (Mo.App.1986) (intent of parties determined by surrounding circumstances and conditions)
- Bass Pro Outdoor World, L.P. v. Wilson, 965 S.W.2d 890 (Mo.App.1998) (ambiguous boundary requires considering surrounding circumstances)
- Amusement Centers, Inc. v. City of Lake Ozark, 271 S.W.3d 18 (Mo.App.2008) (latent ambiguities require parol evidence; genuine issues of fact exist)
- IT T Commercial Finance Corp. v. Mid-Amer. Marine Supply Corp., 854 S.W.2d 371 (Mo. banc 1993) (defining standards for summary judgment and role of defense in movant's burden)