Hart v. Gardner
Mississippi Supreme Court
From the circuit court of Hinds county, first district. This was an action of ejectment for land in the city of Jackson. The case was tried by the court, a jury being waived, and was submitted upon an agreed state of facts.
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From the circuit court of Hinds county, first district. This was an action of ejectment for land in the city of Jackson. The case was tried by the court, a jury being waived, and was submitted upon an agreed state of facts. The agreement was as follows: ‘‘ Lucy Gardner was the owner of the property described in the declaration August lé, 1895, and on that day she executed and delivered to Alex Williams -the following deed: c In consideration of the sum of ten dollars cash, receipt of which is acknowledged, and the further consideration that A. Williams is to furnish me with food and clothing…
1Opinion of the CourtWhitfield, J.
The only question presented by this record is whether the *157grantor in the deed reserved a life estate. It is argued that because the use of the words ‘ ‘ convey and warrant ’ ’ has, under § 2479, code 1892, the effect, where the form of deed provided by that section is used, “to transfer all the right, title, claim, and possession of the person making it as can be done by any sort of conveyance,” the use of these words in a deed containing other clauses clearly expressing the actual intent of the grantor is to have the same effect, notwithstanding such clearly expressed actual intent. The…
2Cases cited2 opinions
- Henderson v. MackCourt of Appeals of Kentucky · 1884
- Montgomery v. SturdivantCalifornia Supreme Court · 1871
3Cited by12 opinions
- Dale v. Case, Et Ux.Mississippi Supreme Court · 1953
- Williams v. BatsonMississippi Supreme Court · 1939
- Hall v. Eastman, Gardiner & Co.Mississippi Supreme Court · 1906
- Barksdale v. BarksdaleMississippi Supreme Court · 1907
- Columbus & Greenville Ry. Co. v. City of GreenwoodMississippi Supreme Court · 1980
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