Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-12-16

to prevail. Present words Of conveyance in the
former part Of the instrument may be controlled
by after portions Of the same.
SHERIFF's SALE-ReHtdiHdeT, h0lC leUied OR.-A
remainder interest must be levied on and sold
such, and will not pass by levy in general
terms.
FROM BEDFORD.
Appeal from the Circuit Court J. w.
Phillips, Judge.
The levy mention in the opinion was
as follows: Levied on certain tract or
parcel of land as the property of the said
B. A. Nelson, situated in said (Bedford)
county, In civil district No. 8, and bound
ed as follows, giving full description.
The bill Of exception shows that the
death Of Moses Nelson, Elizabeth Nelson
aud negro woman Chloe before the in
stitution of this suit was proved.
Scudder and Samuel Wbitthorne, for
plaintiff in error.
II. L. and R B. Davidson, for defend
ant, insisted that the charge Of the Court,
that Moses Nelson, by the deed, retained
the legal title in himself for life, was
error, citing Jones vs. Gaines, 3
Yerger, 249; Wall VS.. Ward, 2
Swan, GAS; Meredith VS.. Owen, + Sneed,
223.
sNRED, j., DELIVERED THE OPINION OF THE
COURT.
The plaintiffs right of recovery, in
this action of ejectment, depends upon
the proper Interpretation of an instru-
ment of writing in the words following /:
''KnOw all men by these presents, that
we, Moses Nelson, 3. A. Nielsen and
J Ohm w. Nelson have made and entered
into the following contract and agree
ment, to wit: /, the said Moses Nelson,
give, grant, and convey unto the said
John w. Nelson, his heirs and assigns,
for the consideration of the undertaking
of the said John w. Nelson as hereafter
| set out, and the further consideration of
one dollar to me paid the west half of
the tract of land on which live, which
! tract contains one hundred acres more OF
less. / also give, grant and convey, unto
the said B. A. Nelson, his heirs and as
signs, for the consideration of the under
| taking of the said b. A. Nelson as here
after set out, and the further con.
sideraiion of one dollar to me paid, the
east half of the said one hundred acre
tract, being the same fifty acres which
conveyed TO him, and by him re-cOnveyed
70 me, to have and to hold the said fifty
acres to each of them, their heirs and as
signs forever; it is expressly, understood
between the parties that l, the said Moses
Nelson, am to retain in my own right, the
title of said land until see proper to par
with it; and / am to part with the SAINT
whenever the said John W. Nelson or B,
= 4. Nelson, or either of them, desire tc
sell the fifty acres thus given ana con
veyed to them, provided they or either Of
them make to me bond satisfactory tc
me to DO and perform their undertaking
hereafter set out, and not until then. We
J the said John w. Nelson and B. A. Nelson
covenant and agree to maintain and sup
port, for and 70 consideration of the above
conveyance from Moses Nelson, during
, their natural lives, the said Moses Nelsan
J Elizabeth Nelson, and an old negro wo
man named Chloe. We bind ourselves
! heirs, executors or administrators t
furnish all and singular the neces
sites that may be required TO
the proper comfortable support anC
maintenance of the said Moses Nelson
J Elizabeth Nelson, and old negro woman
Chloe, or either of them, at our own ex
pense and charge, during their natura
lives, and this undertaking is to be born
\ equally between US, each paying half o
: said expense; in short, the said Nose
: Nelson, Elizabeth Nelson and negr,
i Chloe, are, while they or either Of then
live, to live at our charge and expense
{ andshe said Moses Nelson is to part witt
4 the title TO said land whenever the sal,
7 John W. OF B. A. Nelson wish TO sell
e or any part of it-and they make bon,
c satisfying me that they will honestly an
e faithfully carry out and perform the IN
/, dertaking to maintain, support and full
f provide for me and my wife, the sal
: Elizabeth Nelson, and negro woman, a
? they have above set out. And do nc
e part with it until that is done; or, ate
8 the death of myself, my wife, and tn
o said Chloe; in either case the title to sal