Whetstone v. Hunt
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Joel D. Conzvay, Judge; The estate intended to be conveyed must be determined by the intent of the parties to be ascertained by the contents of the deed. 53 Ark. 185; 28 Ark. 285. The whole deed should stand, as under that construction there might be an estate for the heirs of the grantee to take after her death if practical, and every part of it be made to take effect. 6 Ark. 109; 15 Ark. 286; 18 Ark. 65; 2 Devlin on Deeds, § 837. General…
Read the full summary
Appeal from Miller Circuit Court; Joel D. Conzvay, Judge; The estate intended to be conveyed must be determined by the intent of the parties to be ascertained by the contents of the deed. 53 Ark. 185; 28 Ark. 285. The whole deed should stand, as under that construction there might be an estate for the heirs of the grantee to take after her death if practical, and every part of it be made to take effect. 6 Ark. 109; 15 Ark. 286; 18 Ark. 65; 2 Devlin on Deeds, § 837. General language in a deed, or language which is formal, is controlled by special language. 23 Ark. 1-4; 97 N. Y. 545. See also 2…
1Opinion of the CourtMcCulloch, J.
This is an action of ejectment which involves the construction of the following deed (omitting caption):
“That the said Eliza Whetstone and her husband, Evans L. Whetstone, for and in consideration of the sum of $500, lawful money of the United States, in hand, the receipt of which is hereby acknowledged, have granted, bargained and sold,_ and by these presents do grant, bargain and sell and convey, unto Samuel W. Mays, party of the second part, his heirs and assigns, the entire interest of the said Eliza Whetstone and her husband, Evans U. Whetstone, in and to the property belonging to the…
2Cases cited8 opinions
- Bodine's Adm'rs v. ArthurCourt of Appeals of Kentucky · 1890
- Coleman v. . BeachNew York Court of Appeals · 1885
- Henderson v. MackCourt of Appeals of Kentucky · 1884
- Ratliffe v. MarrsCourt of Appeals of Kentucky · 1888
- Smith v. SmithMichigan Supreme Court · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Dickson v. Van HooseSupreme Court of Alabama · 1908
- Thompson v. BaxterSupreme Court of Minnesota · 1909
- Beasley v. ShinnSupreme Court of Arkansas · 1940
- CarLee v. EllsberrySupreme Court of Arkansas · 1907
- McDill v. MeyerSupreme Court of Arkansas · 1910
12 more not listed; retrieve them via the Exa API.