Hale v. Elkhorn Coal Corp.

Opinion of the Court by

Judge Clarke

Affirming.

Prior to June 28, 1902, Ben Hale owned the fee in the tract of land here involved. On that date he and his former wife conveyed same to their daughter, Josie Shepherd, for the stated consideration of $200.00 and love and affection.

The deed conveys the fee, but without covenant of warranty, and subject to the limitations thus stated in the habendum clause:

“The said party of the second part to have and to hold said land 'to her and her heirs forever; but the parties of the first part retain the right to use and cultivate any part or all of said land…