Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-05-25

The plaintiff instituted this action
against the defendant, her husband, for
possession of certain tracts of land,
subject to his marital right of insrcss
and egresS, and for the exclusive con-
troll OF the rents and profits OF these
lands. She claims to be the owner iii
fee. and he claims 10 have Il life es
tate in them.
The court says:
The whole matter turns upon the con-
struction of a deed from plaintiffs IA
Their and his wife 10 her, dated Dccclu>
Der %, 1887. The deed in the premises
says 1--WE give. grant. convey. ana
confirm unto the said Leila T.. Black
well tplaintifD, her heirs and assigns"
two tracts of f,ttfti 80 --=-itio sc
and to hold the said lands and prem
ises. together with all the nppurtc-
nanccs thereto belonging. And we
do warrant and viii forever de-
fend the said title to the aoove-dc>
scribed land and premises to the saia
Leila T.. Blackwell. her heirs and as
Signs. against the claim or claims Of al.
persons whatsoever" The deed then
concludes: Il give. grant, and convey
unto the said John l.. Blackwell de
fcndanO. under any and all circum-
stances the above-described lands ana
premises. during the term OF his ma
tural life. together with all the rents
anu PltlitS II.ClUS tutie!rOm. Alter
the deed was put in evidence, his hbn-
or expressed the opinion that the de-
PENDANT was entitled to a life estate
ana that the plaintiff could not recover.
Nonsuit ana appeal by plaintiff.
In earlier times the rule OF cons.ruc-
ton was that the first conveying clause
in deed. and the last clause in a VIII
would control the estate. In modern
lines the courts. looking through
deed. viii transposc words or sentences.
II thereby they can elfectuate the in
tention OF the grantor # it can he done
without defeating the intent in any
other part. But if. in n decd. there be
TWO clauses 80 repugnant 10 each other
that they cannot stand together. the
!irSt shall be received. and the latter
rejected; differing in this respect from
VIII. Where exceptions OF rcscrva-
tons appear in a decd they retain in
the grantor certain interests. which do
not pass. When, however, The fec is
conveyed To y. in one part. ana the fee
or part thereof. is conveyed 10 H. in
another part. these provisions are IT,
reconcilabl and rcpu2nani. and one
must yield To the other. In Hafncr Y
Irwin. 20 NC. l3S. the whole Interest
was conveyed in the premises to one
person. but IN the habendum it was
limited to anothSr. Held. that the lat
ter was repucnlnt TO the former. and
void. Applying these principles 10 tho
deed before Us. the concluding clause
rs in conflict with the first part The
intention is clear in each case. In The
premises. the fee is conveyed to the
plaintiff. and afterwards a life estate
to the defendant in the same lands. If
the 1rst intent in the premises. express
cd in apt language, and repnatra-,-,-,.---
warranty clause. is 10 be observed
then there is nothing left to satisfy The
intent In the last clause. Putting either
in force, that necessarily defeats ,ha
Intent in the other; and. as above
SHOWN, the first expression is the CON
troiiing part of the deed. We hoIl
therefore, that the last clause Of The
deed is void. and that the plaintiff is
entitled to judgment in her favor. Re
versed.