Pilley v. Smith

On the hearing the question in difference was made to turn on the construction of a deed of gift from W. H. Pilley and wife to their five children, including the plaintiff herein, William Bryan Pilley.

The deed is dated 15 December, 1910, and was duly registered 17 January, 1911. The words used (1) in the granting clause, “to said parties of the second part, their heirs and assigns,” (2) in the habendum “to the said parties of the second part, their heirs and assigns, their only use and behoof forever,” and (3) in the warranty, “covenant with said parties of the second part, their heirs and…