Dempsey v. Davis
Supreme Court of Arkansas
Appeal from Columbia Chancery Court; James M. Barker, Chancellor; STATEMENT BY THE COURT. This cause involves the construction of the following deed: “State of Arkansas. “County of Columbia.
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Appeal from Columbia Chancery Court; James M. Barker, Chancellor; STATEMENT BY THE COURT. This cause involves the construction of the following deed: “State of Arkansas. “County of Columbia. “Know all men by these presents that we, William A. and Selestia Ann Beasley, for and in consideration of the love and affection that we have to our daughter, Selestia Ann Jinett Dempsey, wife of John Dempsey, we do hereby give and bequeath and convey unto our said daughter and her children, the natural offspring of her body, all the right, title and interest with the possession of the following property,…
1Opinion of the Court
Hart, J.,
(after stating the facts). A deed must be construed according to the intention of the parties, as manifested by the language of the whole instrument; and it is our duty to give all parts of the deed such construction, if possible, as that they will stand together; but where there is a repugnancy between the granting and habendum clauses, the former will control the latter. Whetstone v. Hunt, 78 Ark. 231.
Bearing in mind these fundamental rules of construction, it is clear that the words “children, the natural offspring of her body,” are synonymous with “bodily heirs” or “heirs of her…
2Cases cited6 opinions
- Horsley v. HilburnSupreme Court of Arkansas · 1884
- Watson v. Wolff-Goldman Realty Co.Supreme Court of Arkansas · 1910
- Hardage v. StroopeSupreme Court of Arkansas · 1893
- Wilmans v. RobinsonSupreme Court of Arkansas · 1900
- Black v. WebbSupreme Court of Arkansas · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Rogers v. OgburnSupreme Court of Arkansas · 1915
- LeSieur v. SpikesSupreme Court of Arkansas · 1915
- Bradley Lumber Co. of Ark. v. BurbridgeSupreme Court of Arkansas · 1948
- Davis v. DavisSupreme Court of Arkansas · 1951
- Georgia State Savings Ass'n v. DearingSupreme Court of Arkansas · 1917
21 more not listed; retrieve them via the Exa API.