Brown v. Anderson
Court of Appeals of Kentucky
Case 89 — PETITION EQUITY — APPEAL PROM LINCOLN CIRCUIT COURT. :The following provision in a deed: “All of which land is hereby conveyed to the grantees excepting and reserving one-half acre of land of said tract, being the old family graveyard of grantor, together with the right of way to said graveyard, ’ ’ was an exception of one-half of an acre out of the land conveyed and a reservation of the right of way. So the title to the half acre did not pass by the deed.
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Case 89 — PETITION EQUITY — APPEAL PROM LINCOLN CIRCUIT COURT. :The following provision in a deed: “All of which land is hereby conveyed to the grantees excepting and reserving one-half acre of land of said tract, being the old family graveyard of grantor, together with the right of way to said graveyard, ’ ’ was an exception of one-half of an acre out of the land conveyed and a reservation of the right of way. So the title to the half acre did not pass by the deed. (Washburn on Beal Property, vol. 3, p. 639; Kent’s Commentaries, vol. 4, p. 468.) 1. An exception is of a part of a thing…
1Opinion of the Court
CHIEF-JUSTICE LEWIS
delivered the opinion op the court.
Appellants, descendants of Ellis W. Brown, instituted this action for an injunction to prevent appellee in anyway disturbing them, or persons acting by their authority or permission, in the unrestricted legitimate use of a certain half acre of land and of a passway to it, which is or was part of a tract of 204 acres conveyed in 1869 by Brown to C. and B. Fowler, and by them, in 1883, to appellee. And whether they are entitled to the complete relief prayed for depends upon the proper construction of the following clause in the deed of 1869;…
2Cited by12 opinions
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- Allen v. HensonCourt of Appeals of Kentucky · 1919
- Clarke v. KeatingAppellate Division of the Supreme Court of the State of New York · 1918
- Johnson v. Elkhorn Gas Coal Mining Co.Court of Appeals of Kentucky · 1922
- Damron v. JusticeCourt of Appeals of Kentucky · 1915
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