Kimbrell v. Parmer

Opinion of the Court by

Judge Thomas

Affirming.

On August 17, 1896, Andrew B. Hampton and wife conveyed to appellant and plaintiff below, Dora B. Kimbrell, who was.then Dora B. Foreman, a tract of land in Montgomery county containing slightly more than 106 acres. In the caption of the deed plaintiff is mentioned as “party of the second part” and in the granting clause the conveyance is to her, “her heirs and assigns,” as is also true in the habendum; but immediately following the description there is a limitation clause in these words: “This deed is made upon the following conditions that…