Rainey v. Spence

Grice, Justice.

To support his contention that the deed of Ann Williamson, referred to above, conveyed an absolute title in fee simple to Mary Ann Eeese, counsel have cited a number of decisions of this court holding that grants to one and the heirs of his body, or his bodily heirs, or his heirs by a particular person, convey an absolute fee. Such is the rule where the conveyance contains no limitation over. In that class of cases, the expression “bodily heirs” or words of similar import, are words of limitation and not of purchase, and are inoperative to qualify or limit the character of the…