Legal Opinion

Jones v. American Ass'n

Court of Appeals of Kentucky

Decided April 27, 1905PublishedCited by 4 opinions

Case,52 — ACTION BETWEEN JOHN M. JONES AND OTHERS AND THE AMERICAN ASSOCIATION, INVOLVING CONSTRUCTION OF DEED. Appeal from Bell Circuit Court. M. J. Moss, Circuit Judge.

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Case,52 — ACTION BETWEEN JOHN M. JONES AND OTHERS AND THE AMERICAN ASSOCIATION, INVOLVING CONSTRUCTION OF DEED. Appeal from Bell Circuit Court. M. J. Moss, Circuit Judge. From the judgment Jones, &e., appeal. 1. In construing a deed the object to be arrived at is to ascertain the intention of the parties, and it is well settled deeds must be construed as to effectuate, if possible, the intention of the parties. 2. The rule is that “the habendum” gives, way to the granting words when clearly contradictory to them, yet it should be resorted to equally with the other parts of the deed to arrive…

1Opinion of the Court

Opinion by

Chief Justice Hobson

Reversing.

On January 19, 1835, Robert George by deed conveyed to James D. George six tracts of land, containing 540 acres, lying in Harlan county. The deed, however, in the habendum clause contains the following reservation:

“To have and to hold the said tract or parcels of land with its appurtenances unto the said James I). George and his heirs forever, with the exceptions of all the coal banks, and the said Robert George and wife hold the right to them and a privilege of a way to the different banks of coal with a wagon and team, and with the above exceptions…

2Cited by4 opinions

  1. Bain v. TyeCourt of Appeals of Kentucky · 1914
  2. Owens v. TergesonColorado Court of Appeals · 2015
  3. McKinney v. RaydureCourt of Appeals of Kentucky · 1918
  4. Saulsberry v. MaddixCourt of Appeals for the Sixth Circuit · 1942

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