Des Moines County Agricultural Society v. Tubbessing
Supreme Court of Iowa
Appeal from Bes Moines District Court. — Hon. James-D. Smythe, Judge. The following instrument was executed by the-parties-to this suit: “This agreement, made this fifth day of September, 1884, between Wm. Tubbesing, party of the first part, and the Des Moines County Agricultural Society, party of the second part, witnesseth, that in consideration of the right of way granted by Wm.
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Appeal from Bes Moines District Court. — Hon. James-D. Smythe, Judge. The following instrument was executed by the-parties-to this suit: “This agreement, made this fifth day of September, 1884, between Wm. Tubbesing, party of the first part, and the Des Moines County Agricultural Society, party of the second part, witnesseth, that in consideration of the right of way granted by Wm. Tubbesing, party of the first part, to the Des Moines Agricultural Society, party of the second part, for the purpose of building a railroad track connecting the Des Moines county fair grounds with the main track…
1Opinion of the CourtGranger, J.
— A contention in the case is as to the proper meaning to be given the word “granted” in the written instrument. The term “grant,” in law, was originally applied to the conveyance of incorporeal hereditaments only. In modern use it has a far more extended application, and is said to be applied where anything is granted or passed from one to another. 3 Wood on Conveyances, 7; 3 Washburn on Real Property, 375. In 9 Am. and Eng. Encyclopedia of Law, 44, it is said: ‘ ‘A grant of real property is a conveyance by deed. A grant of personal property is a conveyance, with or without writing, upon a…
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