Coulter v. Carter

Dissenting Opinion.

Roberds, J.,

delivered a dissenting opinion.

There is no donbt whatever that the parties to this instrument intended it to be, and thought it was, a deed. It contains the words of a deed and was acknowledged and recorded as such. In such case it is our duty to give it effect as a deed if we can do so without violating established rules of law and construction. I believe that can be done in this case.

In the first place, it will be noted that grantors are to have the possession, control and use of the premises by understanding of the parties. The word “understood,” used in this…