Coulter v. Carter

Dissenting Opinion.

Sydney Smith, C. J.,

delivered a dissenting opinion.

This instrument was signed, acknowledged and recorded as, and its makers died thinking it was, a deed, and it is manifest from its face that the grantors therein intended it to be such and by it to convey the land described therein to the grantee with a reservation to themselves of the use and occupation thereof “during their natural lives. ’ ’ This they had the right to do. Section 831, Code 1942; McDaniel v. Johns, 45 Miss. 632. And their intention should be given effect unless in attempting to express it they used words…