Parker v. Parker
Supreme Court of Arkansas
Appeal from Pike Chancery Court; James D. Shaver, Chancellor; statement by ti-ie court. Burton Parker instituted this suit against Cullen Parker in the chancery court, and in his complaint alleged that he had conveyed to defendant certain lands in Pike County by a deed in which was excepted the fee to a private road over said lands. That defendant is asserting title in the soil of said road, and is interfering with plaintiff’s use of the same.
Read the full summary
Appeal from Pike Chancery Court; James D. Shaver, Chancellor; statement by ti-ie court. Burton Parker instituted this suit against Cullen Parker in the chancery court, and in his complaint alleged that he had conveyed to defendant certain lands in Pike County by a deed in which was excepted the fee to a private road over said lands. That defendant is asserting title in the soil of said road, and is interfering with plaintiff’s use of the same. The prayer of the complaint is that the title to the ifee in said road be quieted, and confirmed in the plaintiff, and that the defendant be…
1Opinion of the Court
Hart, J.,
(after stating the facts). The sole contention of counsel for the plaintiff is that the clause in the deed, “I, the said Burton Parker, reserve a road through said land 'to my bottom lands,” constitutes an exception.
“A reservation is a clause in a deed whereby the grantor reserves some new thing to himself, issuing out of the thing granted and not in esse before; but'an exception is always part of the thing granted, or out of the general words or description of the grant.” 4 Kent, 468; Stone v. Stone, 141 Ia. 438, 18 Am. & Eng. Ann. Cas. p. 797 and case note.
It must be conceded,…
2Cases cited6 opinions
- Winston v. JohnsonSupreme Court of Minnesota · 1890
- Ashcroft v. Eastern RailroadMassachusetts Supreme Judicial Court · 1879
- Stone v. StoneSupreme Court of Iowa · 1909
- Field v. MorrisSupreme Court of Arkansas · 1908
- Brown v. AndersonCourt of Appeals of Kentucky · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bodcaw Lumber Co. v. GoodeSupreme Court of Arkansas · 1923
- Wallner v. JohnsonCourt of Appeals of Arkansas · 1987