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775 So. 2d 197

Martin v. Martin

Court of Civil Appeals of Alabama

Decided August 7, 1998

Court of Civil Appeals of Alabama · decided 1998-08-07

Cited by 1 later decisions — most recently February 2000

1 state decisions

Key passage — most relied on by later courts

“"That in consideration of One Hundred Dollars and other valuable consideration to the undersigned grantor or grantors in hand paid by the GRANTEES herein, the receipt whereof is *Page 204 acknowledged, we, William Howard Martin and his wife, Marjorie I. Martin (herein referred to as grantors) do grant, bargain, sell and convey unto Marjorie I. Martin, James Ruben Martin and Michael Edward Martin (herein referred to as GRANTEES) for and during their joint lives and upon the death of either of them, then to the survivor of them in fee simple, together with every contingent remainder and right of reversion, the following described real estate. . . ."”

quoted by 1 later decision, including Ex Parte Martin

Relies on Lietz v. Pfuehler · 353 So. 2d 1389 - Financial Inv. v. Tukabatchee Area, Etc. · Hall v. Long

Good law ✅— No negative treatment on recordhow we know

Decided 1998-08-07

View the full empirical analysis of this case →

CRAWLEY, Judge,

¶1dissenting.

¶2I dissent because the deed, on its face, is not ambiguous. The granting clause states: “[W]e, William Howard Martin and his wife, Marjorie I. Martin (herein referred to as grantors) do grant, bargain, sell and convey unto.... ” This language is plain and certain. No language limiting the estate being conveyed is elsewhere contained in the deed.

“It is, of course, true that where a deed is of doubtful meaning, or where the language of a deed is ambiguous, the intent of the parties to the deed as to what property is conveyed may be ascertained by reference to facts existing when the instrument was made, to which the parties may be presumed to have had reference. Lietz v. Pfuehler, 283 Ala. 282, 215 So.2d 723 (1968).
“However, if the language is plain and certain, acts and declarations of the parties cannot be resorted to, to aid construction. Id.; Hall v. Long, 199 Ala. 97, 74 So. 56 (1916).”

¶3Financial Inv. Corp. v. Tukabatchee Area Council, Inc., Boy Scouts of America, 353 So.2d 1389, 1391 (Ala.1977).

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