Magowan v. Branham
Court of Appeals of Kentucky
Case 98 — PETITION EQUITY APPEAL FROM MENIFEE CIRCUIT COURT. 1. In construing a deed, the intention of the parties at the time of making the deed should prevail, and technicalities should give way to such intention. (6 Ky. Law Kepi, 568; 9 Ky.'Law Bep., 523; 10 Ky.
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Case 98 — PETITION EQUITY APPEAL FROM MENIFEE CIRCUIT COURT. 1. In construing a deed, the intention of the parties at the time of making the deed should prevail, and technicalities should give way to such intention. (6 Ky. Law Kepi, 568; 9 Ky.'Law Bep., 523; 10 Ky. Law Bep., 779, 852; 60 Ind., 337,; 122 111., 317; 38 Cal., 481; 25 Cal., 449; 61 N. Y., 631; ■ 82 Ky., 379.) 2. The object of the description of lands in deeds is to furnish the means of identification, and where the lands cari be located by it, it is sufficient. (108 Ind., 130; 73 Ind., 407; 89 Ind., 330.) 3. The description…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
W. C. Magowan and others, devisees of James P. Magowan, brought this action against William Branham and others, alleging they were owners and in actual possession of a tract of land described in their petition; tliat defendants, all of whom are insolvent, unlawfully and without right- entered upon said land and cut and removed a large number of saw'-logs, and are giving out in speeches they own said land and claiming it adverse to plaintiff, whose title is being thereby clouded. *583The relief prayed for is an injunction restraining defendants further…
2Cited by11 opinions
- Childers v. YorkCourt of Appeals of Kentucky · 1920
- Black v. Skinner Manufacturing Co.Supreme Court of Florida · 1907
- Lipps v. TurnerCourt of Appeals of Kentucky · 1915
- Cumberland Co. v. KellyCourt of Appeals of Kentucky · 1913
- Fox v. CornettCourt of Appeals of Kentucky · 1906
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