Bartholomew v. Rothrock

*515OPINION

By BODEY, J.

Determination must first be made of the character of the estate conveyed to C. G. Campbell by Armilda Mallow Johnson by the deed referred to in the. petition and the agreed statement of facts. Counsel for the plaintiff urges that this deed conveyed a fee simple title for the reason that the habendum clause thereof is repugnant to the granting clause. We are unable to agree with this contention. It is our view that this deed conveyed to the grantee a base or determinable fee. It is the purpose of the habendum clause of a deed to define the estate which is conveyed. It is the…