Clark v. Northern Coal & Coke Co.

• Decision Date: 01 October 1908
• Citation: Clark v. Northern Coal & Coke Co., 112 S.W. 629 (Ky. Ct. App. 1908)
• Parties: CLARK et al. v. NORTHERN COAL & COKE CO.
• Court: Kentucky Court of Appeals

112 S.W. 629

CLARK et al. v. NORTHERN COAL & COKE CO.

Court of Appeals of Kentucky.

October 1, 1908

Appeal from Circuit Court, Pike County.

"Not to be officially reported."

Action by Emma Clark and others against the Northern Coal & Coke Company.From a judgment sustaining a general demurrer to the petition, plaintiffs appeal.Affirmed.

P. B Statton and C. M. Whitt, for appellants.

York &amp Johnson, for appellee.

HOBSON J.

This appeal involves the proper construction of the following deed:

"This deed made this 9th day of February, 1876, between John King and Malissa King, of Pike county, and Ann Adams heirs of Henry Pinson, deceased, of the county of Pike and state of Kentucky of the first part, and Russell Pinson and wife heirs of Henry Pinson, deceased, of the second part; that the said Russell Pinson is to take care of his mother during her natural life, and is to have the following described tract of land: [Here follows description.]And the said Russell Pinson is to have all the personal property belonging to said Henry Pinson, deceased, for taking care of Mary Pinson, his mother.I do hereby acknowledge my right of dower to the above tract of land.

"In testimony whereof the said John King and Malissa King, Henderson Adams and Ann Adams of the first part have hereunto subscribed their names the day and year first written herein.The parties of the first part do hereby warrant generally the title to the property hereby conveyed.

"In testimony whereof, the parties of the first part have hereunto subscribed their names the day and year aforesaid.

"Ann Adams.

John King.

Malissa X (her mark.)King."

About the year 1886Russell Pinson's wife died; and in 1892he conveyed the coal and other minerals on and under the land to the remote grantor of the Northern Coal & Coke Company.This action was brought by the children of Russell Pinson and wife against the coal and coke company, claiming that under the deed their mother took an undivided half interest in the land, and that this at her death descended to them.The circuit court sustained a general demurrer to the petition, and they appeal.

It is not necessary that a grantee in a deed be mentioned by name.If the designation or description is sufficient to identify the person intended, the deed is effectual.Thus a deed to a man and his wife or to a man and his children is good as to the wife or children, although...