Mathy v. Mathy

As appears from the foregoing statement of facts the action was brought to quiet title. The parties claim through a warranty deed of a common grantor. The introductory clause of this deed recites that the deed was made between “Toussaint Mathy and Mary Mathy, his wife, during her lifetime and after her death to the children of said Toussaint Mathy, parties of the second part.”

It is contended by the plaintiffs that the granting clause of the original deed controls the introductory clause, and as the granting clause does not purport to convey a life estate but a fee it therefore must be taken…