Hodge v. Bennett
Mississippi Supreme Court
From the chancery court of Madison county. Hon. Henry C. Conn, Chancellor. Hodge and others, appellants, were complainants in the court below; Bennett, the appellee, was defendant there. The object of the suit was to sell the lands described in the bill for division of the proceeds.
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From the chancery court of Madison county. Hon. Henry C. Conn, Chancellor. Hodge and others, appellants, were complainants in the court below; Bennett, the appellee, was defendant there. The object of the suit was to sell the lands described in the bill for division of the proceeds. Complainants claimed to own an undivided one-half interest in the lands by inheritance from one John Hodge, deceased, and the other half interest as devisees under the will of Martha Goodloe, deceased. By the terms of the will the lands were charged with a small specific legacy in favor of appellee, Bennett, hence…
1Opinion of the CourtWhitfield, C. J.
If a grantor intending to convey a specific tract, precisely described by metes and bounds, such specific tract being part *870of a larger tract of land, pots in the conveyance such a description of the specific tract as is ineffectual to convey that particular tract, because of a patent ambiguity, the grantee takes nothing for the obvious reason that, in such case, the intention was to convey this specific tract, so definitely marked out, and nothing else, and, the deed failing as to that, fails altogether. But if a grantor intending to convey, not a specific tract of land particularly…
2Cases cited5 opinions
- Lawrence v. BallouCalifornia Supreme Court · 1869
- Schenk v. EvoyCalifornia Supreme Court · 1864
- Corbin v. Jackson ex dem. GarnseyCourt for the Trial of Impeachments and Correction of Errors · 1835
- Jackson, ex rel. Garnsey v. LivingstonNew York Supreme Court · 1831
- Grogan v. VacheCalifornia Supreme Court · 1873
3Cited by4 opinions
- Gatewood v. GravesCourt of Appeals of Texas · 1922
- Ransome v. Watson's AdministratorSupreme Court of Virginia · 1926
- Johnson v. RostSupreme Court of Minnesota · 1925
- Harlowe v. HarloweSupreme Court of Georgia · 1925