Barnes v. First Baptist Church

The contention of the defendant is that the express authority given the executor to sell real estate is limited (1) to the sale of lots in the platted parcel, known as the “circus lot,” and (2) to such sales when the proceeds are to be used solely in improving other lots therein.

This construction is based upon an essential premise that the word “lots,” which twice appears, was in each instance used in the restricted sense of town or building lots. As tracts capable of improvement by building are contextually indicated by the use of the word in its second position, and as it appears by…