Mosley v. Brown

(After stating the foregoing facts.) The deed, under which both parties claim, is between Pickins Byrd and others, “ of the first part, and Camilla Mosley and the heirs of her body by Henry Tv Moslejr, . . of the second part.” This language appears in the statement of the parties to this instrument, and does not appear in the body of the deed. Standing alone, this language created a grant of the premises in dispute to “ Camilla Mosley and the heirs of her body by Henry T. Mosley,” and by the express language of the Civil Code (1910), § 3661, conveyed to the mother an absolute fee. Lane v.…