Legal Opinion · Dissent

Salters v. Salters

Supreme Court of Alabama

Decided December 22, 1989No. 88-1343Published

1DissentMaddox, Justice

The majority holds that the granting clause in the deed in question “clearly and unambiguously conveys an interest only to grantors” and that it “must be given effect over the habendum clause, because the ha-bendum clause is contradictory or repugnant to the granting clause in the deed.” The majority holds that “no present interest was conveyed to the grantors’ children in the granting clause; rather, the grantors conveyed the property to themselves in the granting clause and in the habendum clause to their children upon the grantors’ death,” and that “[tjhis is clearly a future conveyance of…

2Cases cited17 opinions

  1. Wheeler v. First Ala. Bk. of BirminghamSupreme Court of Alabama · 1978
  2. Graves v. WheelerSupreme Court of Alabama · 1913
  3. Gindrat v. Western RailwaySupreme Court of Alabama · 1892
  4. Duncan v. JohnsonSupreme Court of Alabama · 1976
  5. Touchstone v. PetersonSupreme Court of Alabama · 1983

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