Carter v. Taylor

This appeal calls on us to decide whether certain language in a will conveys a fee simple title or a fee tail title. The question arose and is presented here on the state of facts, about which there is no dispute, set out below.

On January 16, 1920, appellee, Neuman Taylor, took record title to the lands here involved by deed from one J. T. Lee et al. However, Dr. W. D. Horne made one-half of the down payment with the understanding that he would also pay one-half of the balance of the purchase price, and so he was in fact the equitable owner of an undivided one-half interest in said lands. On…