Fogarty v. Stack

The only question in this case is as to the proper construction of a deed made by Defendant Ed. Stack to his wife Margaret.

The language of the deed is as follows — so much of it as is necessary to he quoted: “Hath given, granted; bargained, sold, and conveyed, and by these presents doth give, bargain, grant, sell, and convey unto the party of the second part and her heirs, in fee-simple forever, a certain lot,” etc., describing it.

“To have and to hold said lot of land for the sole and separate use and benefit of the said second party, free from the debts, liabilities, and control of her…