Williams v. Hedrick
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the District of Indiana. The amended supplemental bill was brought by Lawrence Hedrick, a minor, by next friend, against Citarles N. Williams, Charles L. English, trustee, and John W. Kent, to remove incumbrances and to quiet the title to real estate. English and Kent each filed a cross hill, and issue was duly joined upon the bill and cross bills.
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Appeal from the Circuit Court of the United States for the District of Indiana. The amended supplemental bill was brought by Lawrence Hedrick, a minor, by next friend, against Citarles N. Williams, Charles L. English, trustee, and John W. Kent, to remove incumbrances and to quiet the title to real estate. English and Kent each filed a cross hill, and issue was duly joined upon the bill and cross bills. No important question of pleading is raised, and the points in dispute may be presented more clearly tlia.n in any other way by a statement of the facts, about which there is no disagreement.…
1Opinion of the CourtWoods, Circuit Judge
The contention of the appellant that the deed of Jesse Hedrick to Joseph Hedrick created in the latter a title in fee simple to the land described is not sound. By the common law a grant to a person named, without the addition of words of'inheritance, carries only a life estate; and while it was provided by the statute that it shall not be necessary to use the words, ‘‘heirs and assigns of the grantee,” to create in the grantee an estate of inheritance, that expression is itself qualified by the added words, “aud if it be the intention of the grantor to convey any lesser estate, it shall be…
2Cases cited13 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Chicago, St. Louis & Pittsburgh Railroad v. SpilkerIndiana Supreme Court · 1893
- Ridgeway v. LanphearIndiana Supreme Court · 1884
- Prior v. QuackenbushIndiana Supreme Court · 1868
- Doren v. GillumIndiana Supreme Court · 1894
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3Cited by4 opinions
- Brashears v. CollisonCourt of Appeals of Maryland · 1955
- Eason v. SpenceSupreme Court of North Carolina · 1950
- Adams v. MerrillIndiana Court of Appeals · 1908
- Dixon v. DixonSupreme Court of Kansas · 1911