Bodine's Adm'rs v. Arthur
Court of Appeals of Kentucky
Case 8 — PETITION EQUITY — appeal prom union circuit court. Even conceding that the word children should he construed as a word of purchase, and not one of limitation, there is a direct conflict between the premises of the deed and the habendum. When that is the caso the premises must control. (Greenleaf’s Cruise on Real Property, secs. 75 and 76; 42 Am. Rep., 703; Washburne on Real Property, vol. 3, pp. 372-374; 9 Ky. Law Rep., 524; 10 Ky.
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Case 8 — PETITION EQUITY — appeal prom union circuit court. Even conceding that the word children should he construed as a word of purchase, and not one of limitation, there is a direct conflict between the premises of the deed and the habendum. When that is the caso the premises must control. (Greenleaf’s Cruise on Real Property, secs. 75 and 76; 42 Am. Rep., 703; Washburne on Real Property, vol. 3, pp. 372-374; 9 Ky. Law Rep., 524; 10 Ky. Law Rep., 134.) If the habendum is to be given any effect in controlling the intention of the parties, it creates an estate tail, which, by our statute,…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The conveyancing clause of the deed from Dr. Harding and wife to Mrs. Bodine is as follows : “ Have this day given, granted, bargained and sold to Hettie E. Bodine.” The habendum is as follows: “To have and to hold unto the said Hettie E. Bodine, wife of the said B. W. Bodine, and to her children by him begotten forever.”
It is contended that the conveyancing clause and the habendum are repugnant to each other ; consequently, the latter must yield to the former. It is undoubtedly true that in case of repugnancy between *55the two, and it can not be…
2Cases cited3 opinions
- Henderson v. MackCourt of Appeals of Kentucky · 1884
- Ratliffe v. MarrsCourt of Appeals of Kentucky · 1888
- Foster v. ShreveCourt of Appeals of Kentucky · 1869
3Cited by42 opinions
- Triplett v. . WilliamsSupreme Court of North Carolina · 1908
- Uhl v. Ohio River RailroadWest Virginia Supreme Court · 1902
- Porter v. HendersonSupreme Court of Alabama · 1919
- Barnett v. BarnettCalifornia Supreme Court · 1894
- Sherman v. Petroleum ExplorationCourt of Appeals of Kentucky (pre-1976) · 1939
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