Baxter v. Bryan
Court of Appeals of Kentucky
Case 29. — ACTION BETWEEN E. D. BAXTER AND ANSON P. BRYAN FOR A CONSTRUCTION OF A DEED. — Appeal from Bourbon Circuit Court. Robert L. Stout, Circuit Judge. Judgment for Defendant. Plaintiff appeals. We maintain that Jefferson A. Bryan, the father, had an interest in the land at all times after this deed was esecuted, which he could sell and convey, subject, of course, to the contingency of James Baxter Bryan’s having descendants.
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Case 29. — ACTION BETWEEN E. D. BAXTER AND ANSON P. BRYAN FOR A CONSTRUCTION OF A DEED. — Appeal from Bourbon Circuit Court. Robert L. Stout, Circuit Judge. Judgment for Defendant. Plaintiff appeals. We maintain that Jefferson A. Bryan, the father, had an interest in the land at all times after this deed was esecuted, which he could sell and convey, subject, of course, to the contingency of James Baxter Bryan’s having descendants. This interest not having- been conveyed by Jefferson A. Bryan during his life, descended to his heir James Baxter Bryan, who held same subject to be defeated by the…
1Opinion of the Court
Opinion op the Court by
Judge Settle.
Reversing.
This is an appeal from a judgment of the Bourbon circuit court construing a deed executed by Jefferson A. Bryan to his son, James Baxter Bryan, March 4, 1896, whereby the latter was conveyed a valuable tract of Bourbon county land. The granting clause of the deed was as follows; “For and in consideration of the love and affection the first party has and enter*237tains towards the second party, who is the son of said first party, has bargained and sold and hereby grants and conveys unto the second party the following real estate. * * * “The habendum…
2Cases cited2 opinions
- Louisville & Nashville Railroad v. CopasCourt of Appeals of Kentucky · 1894
- Coots v. YewellCourt of Appeals of Kentucky · 1894
3Cited by17 opinions
- Davidson v. ToddSupreme Court of Missouri · 1943
- Bourbon Agricultural Bank & Trust Co. v. MillerCourt of Appeals of Kentucky · 1924
- Denney v. CrabtreeCourt of Appeals of Kentucky · 1922
- Dotson v. Kentland Coal & Coke Co.Court of Appeals of Kentucky · 1912
- Slack v. DowningCourt of Appeals of Kentucky (pre-1976) · 1930
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