Kinnon v. Mercer

Nichols, Presiding Judge.

J. B. Kinnon filed a petition against Mamie K. Mercer seeking a declaratory judgment as to his rights under a deed executed by Mrs. Alice Kinnon, now deceased, on October 23, 1961. The deed, prepared on a warranty deed form, contained typewritten provisions in conflict with the printed provisions. The trial court sustained the defendant’s general demurrer to the petition and in the same judgment construed the deed contrary to the plaintiff’s contentions, and the plaintiff appealed. The appeal was transferred to this court by the Supreme Court. See Kinnon v. Mercer,…