Russ v. Myrick

1. The verdict is in accord with the evidence, and amply-supported.

2. The recital in the deed from the plaintiff to the defendant, that “ this deed is made for the purpose of abrogating, cancelling, and making void the deed executed by Susan R. Myrick to R. A. Benton and Tedie Benton on the 28th day of August, 1915,” etc., was not such a recital as amounted to a disclaimer of the title, but on the contrary was, impliedly at least, a denial of the validity of the writing referred to. Moreover, the apparent ambiguity in the recital quoted was subject to explanation, and it appears from evidence…