Johnson Bros. v. Lee

It is now held for law in this jurisdiction that the premises or granting clause of a deed is not to be considered as always controlling' in reference to the estate conveyed, but “if on a perusal of the entire instrument, including the habencfum, it clearly appears that a lesser estate was intended tban that conferred in the premises; such a construction should prevail, and the intent of the grantor be given effect.” In a case before the Court at the present term, Bagwell v. Hines, ante, 691, the position was considered, and the view of the Court as it now prevails concerning it was expressed…