Tanner v. Foreman, 38067
| Decision Date | 22 October 1951 |
| Docket Number | No. 38067,38067 |
| Parties | TANNER v. FOREMAN. |
| Court | Mississippi Supreme Court |
Edwards & Edwards, Mendenhall, L. D. Pittman, Raleigh, Billy C. Little, Magee, R. C. Russell, Magee, for appellant.
R. S. Tullos, Raleigh, J. D. Martin, Jackson, for appellee.
HOLMES, Commissioner.
On July 29, 1927, J. R. Foreman and his wife, Mrs. F. A. Foreman, executed the following written instrument:
'The State of Mississippi, Smith County.
'In consideration of Two Thousand Dollars cash in hand paid the receipt whereof is hereby acknowledged we convey and warrant to W. W. Foreman the land described as The NE 1/4 of NW 1/4 and SW 1/4 of NW 1/4 Section 13, and SE 1/4 of NE 1/4 Section 14, all in Township 1 North, Range 7 East.
'It is understood and agreed by and between the parties hereto, that the grantor, J. R. Foreman, herein, reserves the right of possession free use and occupation of the above described land as long as he lives, and upon the death of the said J. R. Foreman the said grantee, W. W. Foreman, to have the possession and occupation of said land as well as the land herein above described. situated in the County of Smith, in the State of Mississippi.
'Witness our signature, This the 29 day of July, 1927.
'J. R. Foreman Mrs. F. A. her x mark Foreman
'State of Mississippi, Smith County.
'This day personally appeared before me, the undersigned Circuit Clerk of the County of Smith, in said State, the within named J. R. Foreman and Mrs. F. A. Foreman, wife of the said J. R. Foreman who acknowledged that they signed and delivered the foregoing instrument on the day and year therein mentioned.
'Given under my hand and official seal at Raleigh, this the 29 day of July, 1927.
'C. A. Simmons Circuit Clerk'
At the time of the execution of the instrument the grantor, J. R. Foreman, was the owner of the lands therein described. He died intestate on November 17, 1946. The aforesaid instrument was filed for record in the office of the Chancery Clerk of Smith County, Mississippi, on the 30th day of November, 1946, and was duly recorded on the 10th day of December, 1946.
On November 20, 1947, the appellant, Mrs. Bertie Tanner, a daughter of J. R. Foreman, deceased, and one of his heirs at law, filed her original bill in the Chancery Court of Smith County against her brother, W. W. Foreman, and other heirs at law of the said deceased, seeking to cancel the aforesaid instrument on the ground that it was not a deed but was testamentary in character and therefore inoperative because not executed as a will is required to be executed.
Appellant prosecutes this appeal from an adverse decree of the court below dismissing her original bill.
The overwhelming weight of the evidence establishes the fact that said instrument was duly executed by the grantors and immediately delivered to the grantee and the consideration therefor paid.
The language of the instrument is plain and unambiguous and no resort to rules of construction is necessary to ascertain its meaning. The intent of the grantor must be judged by the clear and unambiguous language which he empl...
To continue reading
Request your trial
-
Stovall v. Stovall
...permitting her to testify would not constitute reversible error for the reason that her testimony was merely cumulative. Tanner v. Foreman, 212 Miss. 355, 54 So.2d 483. We address ourselves, therefore, to the question of the sufficiency of the evidence to establish a parol constructive trus......
-
Oaks v. Ball (In re Estate of Greer)
...).6 Ford, 485 So.2d at 1045 (citing Buchanan v. Buchanan, 236 Miss. 751, 756–57, 112 So.2d 224, 226–27 (1959) ; Tanner v. Foreman, 212 Miss. 355, 54 So.2d 483 (1951) ; Watts v. Watts, 198 Miss. 246, 22 So.2d 625 (1945) ; Graham v. Triplett, 148 Miss. 299, 114 So. 621 (1927) ; Johnson v. See......
-
Ford v. Hegwood
...to comply with the statute of wills. Buchanan v. Buchanan, 236 Miss. 751, 756-57, 112 So.2d 224, 226-27 (1959); Tanner v. Foreman, 212 Miss. 355, 54 So.2d 483 (1951); see also, Watts v. Watts, 198 Miss. 246, 22 So.2d 625 (1945); Graham v. Triplett, 148 Miss. 299, 114 So. 621 (1927); Johnson......
-
Rodgers v. Rodgers, 38934
...postponed until the death of the maker, when the full enjoyment merges with the previously vested interest or right.' In Tanner v. Foreman, 212 Miss. 355, 54 So.2d 483, there was involved a deed with the following provision: 'It is understood and agreed by and between the parties hereto, th......