Ward v. Baylor
Ward v. Baylor
Opinion of the Court
delivered the opinion of the court.
On December 1, 1926, appellant filed his bill of complaint seeking a construction by the court of two certain deeds of conveyance from Joseph Blair to Bettie Ann Blair and others, and also praying for a partition of the lands conveyed. Appellees were made parties defendant and filed their answer denying the right of appellant to have a partition of the land as contended for in the bill of complaint. The cause was heard by the chancellor upon the bill and answer and the following agreed statement of facts:
“In August, 1926, complainant employed A. L. Garland, a surveyor, to mark off his land, and this surveyor, after examining and comparing the deed of July 5,1905 and August 10, 1906 (Plaintiff’s Exhibits C and D), surveyed and marked off three acres of land as complainant’s part, the stakes of which survey now stand, giving complainant nearly all of the land on the public road, and leaving only a wide lane paralleling the line A, H, and leading from the said public road to the land claimed by the respondents in this suit, the land so surveyed being represented on the diagram by the letters X, Y, F, G. Joseph Sydnor and Joseph Sydnor Blair were one and the same person. The deed of
Attached to the above agreement and made a part thereof is this diagram:
After a personal inspection of the land, the chancellor held that it was impossible to partition the same in accordance with the directions and descriptions contained in the two deeds from, Joseph Blair and carry out the manifest intention of the grantor in disposing of the property, and further held that the true rule to be applied in the construction of the conveyances in issue was to look to the facts and circumstances, and adopt that conclusion which in the light of such facts and circumstances would most effectually carry out the intention of the parties. State Savings Bank v.
“On consideration whereof, the court being of the opinion, after viewing the land in controversy, that it is impossible to divide the said land in accordance with the directions and descriptions in the deed of July 5, 1905, from the late Joseph Blair to Bettie Ann Blair, Willie Jackson, and Joseph Sydnor Blair (said deed being of record in the clerk’s office of this court in Deed Book No. 39, page 456, and a certain copy of which is filed with complainant’s bill as Exhibit C), if the land conveyed and embraced in said deed of July 5, 1905, is limited to the land conveyed to Joseph Blair, the grantor in said deed, by Travis Glasgow and wife, by deed dated April 22, 1874, and of record in said clerk’s office in Deed Book No. 31, page 486 (Complainant’s Exhibit A), the court is of the opinion, that the general description in the aforesaid deed of July 5, 1905, to-wit, the reference therein to the said deed of April 22, 1874, from Travis Glasgow and wife to said Joseph Blair, must therefore give way to the particular description of the land embraced and conveyed in said deed of July 5, 1905, and doth so decide, adjudge, order and decree.
“And the court being further of the opinion that the said Joseph Blair, now deceased, who was an old illiterate negro, intended to dispose of, and did describe-, dispose of and convey in said deed of July 5, 1905, not only the land conveyed to him in said deed of April 2, 1874, from Travis Glasgow and wife, but also the land conveyed to him in deed of June 5, 1879, from F. A. Shackleford, of record in the clerk’s office of this court in Deed Book No. 32, page 423
“And the court being further of the opinion that the land described in the deed of August 10, 1906, from said Joseph Blair to Joseph Sydnor (who is one and the same person as Joseph Sydnor Blair), of record in said clerk’s office in Deed Book No. 40, pages 203-4 (Complainant’s Exhibit D), is a part of the land previously described and conveyed to said Joseph Sydnor Blair in said deed of July 5, 1905, from said Joseph Blair to Bettie Ann Blair, Willie Jackson and Joseph Sydnor Blair, doth so decide, adjudge, order and decree.
“And the court doth further adjudge, order, and decree that the said seven acres of land, more or less, conveyed as aforesaid to said Joseph Blair by Travis Glasgow and wife, and by F. A. Shackleford, be treated as a whole, and divided as directed in said deed of July 5, 1905, as follows, to-wit: That the said Horace Ward (the successor in title to the said Joseph Sydnor. Blair) take three acres of said land, which three acres shall include the land conveyed to said Joseph Blair by F. A. Shackleford, .and in addition a part of the land conveyed to said Blair by Travis Glasgow and wife, and shall begin at a stake on the public road from Warsaw to Tappahannock ferry and run in a straight line, in a southerly direction, to another stake in the lot in the rear, by the lot in the rear is meant the lot, yard, or curtilage on which stands the dwelling of the late Joseph Blair, where Bettie Ann Blair now resides, and which at the time of the execution of the deed of July 5, 1905, was divided by fences from ■ the remainder of Joseph Blair’s land;
From that decree this appeal was allowed.
In Perkins’ Trustee v. Dickinson, 3 Gratt. (44 Va.), 335, it is held that in construing a deed the court will so construe it as to effectuate the leading intent of the parties.
In Lindsey v. Eckels, 99 Va., 668, 40 S. E. 23, 24, it is said: “Whether construing a deed or a will, the object is to discover the intention, which is to be gathered in every ease from the general purpose and scope of the instrument, in the light of the surrounding circumstances.”
When the deeds are viewed in the light of the surrounding facts and circumstances, having special reference to the intention of the grantor, Joseph Blair, to provide a home for his wife, and in recognition of the assistance afforded by Willie Jackson, we are forced to the conclusion that it was the intention of the grantor to dispose of all the lands owned by him at the time of the execution of the deed dated July 5, 1905. This conclusion was reached by the learned chancellor who had the benefit of the survey made by the surveyor employed by appellant, and in addition thereto, made a personal inspection of the property. While it may be true that where a chancery cause is heard" upon depositions there is no such presumption that the decree is correct, as arises when a judgment at law is rendered by the court trying the action, yet when it appears that the chancellor has had the benefit of such extrinsic evidence as was had in this cause, the conclusion
In our opinion the decree of the lower court fully meets the ends of justice, and it will be affirmed.
Affirmed.
Reference
- Full Case Name
- Horace Ward v. Hilliard Baylors.
- Status
- Published