Legal Opinion

Frisbie v. Bigham Masonic Lodge

Court of Appeals of Kentucky

Decided April 30, 1909PublishedCited by 3 opinions

Appeal from. Crittenden Circuit Court. J. P. Gordon, Circuit Judge. Judgment for plaintiff, defendant appeals. POINTS aND AUTHORITIES. 1. Where there is an attempt to make a reservation in a deed, any uncertainty as to its description or meaning, must be solved in favor of the grantee, and against the grantor. Towns et al v. Brown, 114th S. W. Rep. p. 773. 2. Appellant having appropriated the property of appellee, ought in good conscience to make it whole.

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Appeal from. Crittenden Circuit Court. J. P. Gordon, Circuit Judge. Judgment for plaintiff, defendant appeals. POINTS aND AUTHORITIES. 1. Where there is an attempt to make a reservation in a deed, any uncertainty as to its description or meaning, must be solved in favor of the grantee, and against the grantor. Towns et al v. Brown, 114th S. W. Rep. p. 773. 2. Appellant having appropriated the property of appellee, ought in good conscience to make it whole. W'elford v. Gerard, 108th Ky. 322. 3. One who- uses a wall erected on the dividing line, hy the owner of the adjacent lot, should pay a…

1Opinion of the Court

Opinion of the Court by

Judge Settle

Reversing.

In the year 1895 the appellee, desiring to erect a three-story brick 'building in Marion, Ky., found that a lot which it 'then owned was too small- to- contain such a building, and it therefore purchased of the appellant, who was then Mrs. Electa Boaz, a parcel -of ground from an adjoining lot owned by her, receiving of her land her then husband, J. D. Boaz, a deed therefor, which is in words and figures as- follows: ‘ ‘ This deed of -conveyance malde and entered into this the 8th day of November, 1895, hy and between Electa M. Boaz and John D.…

2Cited by3 opinions

  1. Justice v. JusticeCourt of Appeals of Kentucky (pre-1976) · 1931
  2. Saulsberry v. SaulsberryCourt of Appeals for the Sixth Circuit · 1941
  3. Stegman v. City of Fort ThomasCourt of Appeals of Kentucky (pre-1976) · 1938

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