Legal Opinion · Dissent

T & W Homes Etc, LLC v. James Kendall Crotwell

Mississippi Supreme Court

Decided August 24, 2017No. 2016-IA-00605-SCTPublished

1Dissent

DICKINSON, PRESIDING JUSTICE,

DISSENTING:

¶ 19. Under Mississippi law, “a deed must be construed as a whole without separating it into its formal parts, and” where—as here—the meaning of a deed is called into question, courts must determine “the intent of the parties thereto” by look*73ing to “the language therein employed.”16 The language employed in the deed before us leaves no room for doubt as to what the parties intended to accomplish. And because the majority ignores both the plain language of the deed and the intent of the parties, I respectfully dissent.

¶20. Importantly—and contrary to the…

2Cases cited11 opinions

  1. Texas Gulf Producing Co. v. GriffithMississippi Supreme Court · 1953
  2. Rogers v. MorganMississippi Supreme Court · 1964
  3. Whittington v. WhittingtonMississippi Supreme Court · 1992
  4. Goff v. AventMississippi Supreme Court · 1920
  5. Ford v. Jones, Et Ux.Mississippi Supreme Court · 1956

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