Lintner v. Office Supply Co.

What was the effect of the instrument of conveyance from Bolton and Jones to Williams? Did it convey a fee in the alley to the grantee, with a reservation of use in the grantors, or did it merely convey a right of way ? A correct solution of this question, in our view, is determinative of the issues in the case. Such was also the view of the lower court, expressed in its opinion.

The instrument of conveyance is clearly in the form of a warranty deed. The clause above quoted, known as the granting clause in a deed, is one in common use in warranty deeds in Wisconsin. Plaintiff’s counsel contend…