Justice v. Justice

• Decision Date: 26 May 1916
• Citation: 186 S.W. 148,170 Ky. 423
• Parties: JUSTICE v. JUSTICE ET AL.
• Court: Kentucky Court of Appeals

186 S.W. 148

170 Ky. 423

JUSTICE v. JUSTICE ET AL.

Court of Appeals of Kentucky.

May 26, 1916

Appeal from Circuit Court, Pike County.

Suit by Dorcas Justice and her infant children against W. H. Justice. From a judgment quieting the title of the children to the land in suit, and adjudging that defendant acquired Dorcas Justice's life estate, and was entitled to the land during her lifetime, defendant appeals, and Dorcas Justice prosecutes a cross-appeal. Judgment affirmed on both appeals.

J. J Moore, and J. F. Butler, both of Pikeville, for appellant.

Stratton & Stephenson, of Pikeville, and Lewis A. Nuckols, of Frankfort, for appellee.

CLAY C.

On October 6, 1879, Abner Justice, Sr., executed and delivered to his granddaughter, Dorcas Thacker, now Dorcas Justice, a deed to a tract of land in Pike county. The material parts of the deed are as follows:

"This deed of conveyance, made and entered into this 6th day of October, 1879, between Abner Justice, Sr., party of first part, and Dorcas Thacker, my granddaughter, the only child of Sarah Thacker (late Sarah Justice), party of the second part, witnesseth: That party of the first part, for and in consideration of the love and affection that I have for my said granddaughter, do hereby sell and convey to the party of the second part, her heirs and assigns, the following described property, to wit: [Description omitted.] To have and to hold the same, together with all the appurtenances thereunto belonging, unto the party of the second part, her heirs and assigns, forever. And the said party of the first part hereby covenants with the said party of the second part that he will warrant the title to the property hereby conveyed unto the party of the second part and her heirs and assigns forever; that is to say, that if said Dorcas Thacker arrives at the age of twenty-one years or marries and has children this land is deeded to said Dorcas Thacker during her lifetime and at her death to her children, but if she dies before she marries or arrives at the age of twenty-one years, or if she marries and dies without leaving any children, then this land falls back to me or my heirs. This deed is not to take effect until after my death and the death of my wife, Martha Justice."

In the year 1895 the grantee in the above deed, Dorcas Justice (formerly Thacker) and her husband conveyed to W. H. Justice the land described in the deed. As consideration therefor they received from W. H. Justice a conveyance to other land. At the time of their conveyance Dorcas Justice and her husband were both infants. Some time after they reached their majority they sold and conveyed to a third party...