Patellis v. Tanner

Grice, Justice.

The first question presented is, whether or not the instrument executed by Moses J. Kirkland Sr. and delivered to M. J. Kirkland Jr. and Margie W. Kirkland, dated May 11, 1903, conveyed title; the question being whether it is testamentary in character, so as -not to convey in praesenti.

The instrument was 'in the form of a deed. It calls itself an indenture, recites a consideration, uses the words “sold and conveyed,” and contains a covenant of warranty. So much of the instrument as is revealed in the record is set forth in the preceding statement of facts. The argument that it…