Ratliffe v. Marrs
Court of Appeals of Kentucky
Case 5 — PETITION ORDINARY APPEAL FROM PIKE CIRCUIT COURT. 1. A deed made in 1848 by R., Sr., to R., Jr., the granting clause of which does not define the estate conveyed, but the habendum of which is in the following words: “ To have and to hold said tracts of land to said R., Jr., during his natural life, and after that to his heirs forever, free from the claim of said R., Sr., or any person claiming under him, but from no other title, claim or 'interest whatever,” conveys…
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Case 5 — PETITION ORDINARY APPEAL FROM PIKE CIRCUIT COURT. 1. A deed made in 1848 by R., Sr., to R., Jr., the granting clause of which does not define the estate conveyed, but the habendum of which is in the following words: “ To have and to hold said tracts of land to said R., Jr., during his natural life, and after that to his heirs forever, free from the claim of said R., Sr., or any person claiming under him, but from no other title, claim or 'interest whatever,” conveys to R., Jr., a life estate only. (Henderson v. Mack, 82 Ky., 379; Brown v. Terrell, 83 Ky., 418; Carson v. McCaslin, GO…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The appellants instituted this action in the Pike Circuit Court against appellees, to recover the possession of a tract of land which they claimed the appellees wrongfully withheld from them.
The appellants are the heirs of Wm. Ratliffe, Jr., deceased. They base their claim to the land in controversy upon a deed made by Wm. Ratliffe, Sr., to Wm. Ratliffe, Jr., in 1848, which deed, they contend, conveyed to Wm. Ratliffe, Jr., a life estate only in said land, with remainder to them in fee-simple. On the trial of the case in the lower court, that…
2Cited by25 opinions
- Triplett v. . WilliamsSupreme Court of North Carolina · 1908
- May v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1919
- Bodine's Adm'rs v. ArthurCourt of Appeals of Kentucky · 1890
- Dickson v. Van HooseSupreme Court of Alabama · 1908
- Wintuska v. PeartCourt of Appeals of Kentucky (pre-1976) · 1931
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