Gargis v. Kennemer

ANDERSON, C. J.'

While the deed in' question acknowledges payment of the purchase money by John Gargis and his wife, Emma Gargis, the grant is to John Gargis alone. The habendum says, “To have and to hold the same unto the-said John Gargis and Emma Gargis,” thus creating a conflict between the grant and habendum. It is not a question of an open undefined estate, which is subject to be explained, limited, or qualified, as held in the case of Graves v. Wheeler, 180 Ala. 412, 61 So. 341. 4 Thompson on Real Property, § 3326.

“Where there is no repugnancy between the granting clause and the…