Polk v. Faris
Tennessee Supreme Court
This bill was filed against the defendant, Faris, by John Polk and Agnes his wife, formerly Agnes Brown-, Robert Harper and Elizabeth S. his wife, formerly Elizabeth S. Polk, William F. Smith and Mary T. his wife, formerly Mary T. Polk, Thomas A. Polk, Alexander F. Polk, George Polk, Catharine Polk, James Polk and William Polk; the four latter are minors, who sue by their next friend, John Polk.
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This bill was filed against the defendant, Faris, by John Polk and Agnes his wife, formerly Agnes Brown-, Robert Harper and Elizabeth S. his wife, formerly Elizabeth S. Polk, William F. Smith and Mary T. his wife, formerly Mary T. Polk, Thomas A. Polk, Alexander F. Polk, George Polk, Catharine Polk, James Polk and William Polk; the four latter are minors, who sue by their next friend, John Polk. It alleges that on the 2nd day of January, 17’86, the mother of complainant Agnes, then a single woman by the name of Elizabeth Strain, for and in consideration of the natural love and affection she…
1Opinion of the Court
Reese, J,
delivered the opinion of the court.
The determination of this cause depends upon the legal effect of the terms used in the deed or bill of sale set forth in the pleadings, which is in the following words. (Here the Judge set out the deed as stated in the bill.)
The complainants contend that the above deed vests a life estate only in Agnes Brown, and a remainder in the other complainants, her children, as purchasers; that the words “heirs of the body” in the deed, are to be considered and taken, not as words of limitation, but of purchase. On the other hand, the defendant contends that…
2Cited by3 opinions
- Quarles v. SutherlandTennessee Supreme Court · 1965
- Harris v. BittikoferTennessee Supreme Court · 1976
- Smith v. StateTennessee Supreme Court · 1965