Rogers v. Kaylor

Ed. E. McFaddin, Associate Justice.

The question presented is whether the deed, here, comes within the Rule in Shelley’s Case.

In 1908, John and Callie Tenniswood conveyed the three lots here involved to their daughter, Johnie Tenniswood. The granting clause of the deed recited: “. . . do hereby give, bargain, sell and convey unto the said Johnie Tenniswood during her natural life, and unto heirs and assigns forever . . .” The habendum clause recited: “To have and to hold the same unto the said Johnie Tenniswood during her natural life, and unto her heirs and assigns forever . . .” The grantee,…