Stubblefield v. Haywood
Mississippi Supreme Court
Appeal from chancery court of Alcorn county. Holy. A. J. McIntyre, Chancellor. Suit by W. E. Holt against C. F. Stubblefield. Decree for plaintiff, and suit revived after .his death by Henry Haywood, his executor, and defendant appeals. We contend that the deed made by appellee and his wife, Mrs. Bell Holt, conveyed to the appellant a fee-simple title to the land, reserving to themselves only a life estate.
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Appeal from chancery court of Alcorn county. Holy. A. J. McIntyre, Chancellor. Suit by W. E. Holt against C. F. Stubblefield. Decree for plaintiff, and suit revived after .his death by Henry Haywood, his executor, and defendant appeals. We contend that the deed made by appellee and his wife, Mrs. Bell Holt, conveyed to the appellant a fee-simple title to the land, reserving to themselves only a life estate. Hart v. Gardner, 74 Miss. 1591; Henderson v. Mack, 82 Ky. 379. Applying this rule to construction laid down in that opinion, that the entire deed must be looked to, the court will first…
1Opinion of the CourtEthridge, J.
Some years prior to 1.914 W. E. Holt and his wife, Mrs. Bell Holt, moved to the state of Mississippi and acquired certain property situated here. In the year 1914 they executed a certain instrument to ;C. F. Stubblefield, the appellant, reciting:
“For and in consideration of the sum of one dollar, and the further consideration of the party of the second part moving upon the following described premises, and working said lands, and the further consideration of the party of the second part caring for and supporting the parties of the first part their natural lives, the receipt of which is hereby…
2Cases cited1 opinion
- Kelly v. CovingtonMississippi Supreme Court · 1919
3Cited by9 opinions
- Buchanan v. BuchananMississippi Supreme Court · 1959
- Ford v. HegwoodMississippi Supreme Court · 1986
- Tanner v. ForemanMississippi Supreme Court · 1951
- Graham v. TriplettMississippi Supreme Court · 1927
- Hald v. PearsonMississippi Supreme Court · 1944
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