Brown v. Johnson

Josephine Linker Hart, Judge.

Our issue here is whether the trial court properly interpreted a deed as excluding appellant, Doyle Brown, who is an adopted child, from the remainder interest created by the deed. The facts were stipulated by the parties. In 1945, Charley King and L.C. King, as husband and wife, conveyed certain land in Madison County to their daughter and son-in-law, Thelma Brown and Carl Brown. The deed’s granting clause granted the property “unto Carl Brown and Thelma Brown and unto Thelma Brown’s heirs by Carl Brown and unto their heirs and assigns forever. ...” The habendum…