Thornhill Baptist Church v. Smither

MONTGOMERY, Justice.

This is an appeal from a judgment of the Franklin Circuit Court construing the will of Urban V. Sargent, deceased, adjudging appellees to be the owners in fee simple of lots Nos. 121 and 122 in Thorn-hill Park Subdivision, and decreeing specific performance by appellants of a contract for the purchase of said lots. The appellants’ grounds for reversal are: (1) the description of the property devised is definite, and the courts must accept and give effect to the language used; (2) the language used contains no latent ambiguity, and extrinsic evidence was not admissible to…