Redfield v. Montgomery
Mississippi Supreme Court
Redfield v. Montgomery, 71 Miss. 113 (Miss. 1893)
Campbell
Redfield v. Montgomery
Opinion of the Court
delivered the opinion of the court.
The decision of this case by the circuit court was fully justified by the case of Draper v. Perkins, 57 Miss., 277, but that case is not supported by reason or authority, and is so manifestly wrong that it is hereby overruled. It cannot be accounted for, except by reference to the peculiar presentation by the record of the narrow question as to the admissibility in evidence of the deed; but, in any point of view the decision is wrong.
Reversed, and remanded for a new trial.
Reference
- Full Case Name
- W. G. Redfield v. A. J. Montgomery
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Deed. Description. Patent ambiguity. A description of property in a trust-deed conveyed as the grantor’s “entire interest in twenty-five bales cotton raised by them and any hands they may employ during the year 1892, on land belonging to them or any other land they may cultivate during said year,” is void for uncertainty, and cannot be aided by proof that less than twenty-five bales were, in fact, raised by the grantors or their hands during said year.Draper v. Perkins, 57 Miss., 277, overruled.