Snow v. Owens

505 S.W.2d 479, 1973 Tenn. App. LEXIS 274
CourtCourt of Appeals of Tennessee
DecidedJune 29, 1973
StatusPublished
Cited by2 cases

This text of 505 S.W.2d 479 (Snow v. Owens) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Snow v. Owens, 505 S.W.2d 479, 1973 Tenn. App. LEXIS 274 (Tenn. Ct. App. 1973).

Opinions

OPINION

TODD, Judge.

The complainant, Evie Snow, has appealed from the Chancellor’s decree dismissing her bill against the defendants, H. E. Owens and wife Georgia Rhea Owens, for breach of covenants contained in a certain deed from the complainant to the defendants.

On July 25, 1968, complainant, Evie Snow, executed and delivered to defendants an instrument entitled “Deed subject to life estate.” Portions of said deed are as follows:

“FOR AND IN THE CONSIDERATION of the Grantees herein permitting me to live in their home, they to furnish me room and board for the balance of my life time and to help me buy what clothes I may need, they to transport me to doctors as I may need to go, they (the Grantees) to pay for the repairs to the house, to pay the insurance and taxes on the land herein conveyed, and the Grantees, at my death, to pay and give me a descent burial, I, EVIE SNOW, have this day bargained and sold and do hereby transfer and convey, subject only to my life estate in said land which is hereby expressly reserved from this conveyance, unto H. E. OWENS and wife GEORGIA RHEA OWENS, their heirs and assigns, the following described tract or parcel of land, same being situated in the 9th Civil District of DeKalb County, Tennessee, and same being bounded and described thus:
(Here follows description)
“TO HAVE AND TO HOLD the said real property hereinabove described, subject only to my life estate in said land which is hereby expressly reserved from this conveyance unto H. E. OWENS AND wife GEORGIA RHEA OWENS, their heirs and assigns, forever.
“The Grantees herein to receive any income derived from rental of the house during my life time. Also, it is made a part of the consideration of this transfer that the Grantees are to have, as of this • date, all of the household furnishings now located in the house on the land herein conveyed to be their absolute property, to dispose of as they may see fit.”

On May 2, 1969, complainant filed her original bill alleging the delivery and acceptance of said deed. Said bill also alleged that complainant lived in the home of the defendants in Nashville, Tennessee from the date of said deed until December, 1968; that a disagreement arose as a result of which complainant withdrew from defendants’ home; and that complainant thereafter resided elsewhere. The bill charged that the defendants had breached [482]*482their agreement set out in the deed above and sought a decree for damages and a lien upon the land conveyed in said deed to secure payment of said damages.

The answer of the defendants denied any breach of the agreement and tendered full performance of same. The answer offered in the alternative to permit complainant to occupy the subject premises on condition that she maintain the improvements and pay taxes and insurance thereon.

After an oral hearing, the Chancellor filed a memorandum opinion resolving all issues in favor of defendants. A decree was entered dismissing complainant’s bill and denying the relief sought therein, but ordering that complainant be permitted to occupy the subject premises for the remainder of her life, provided that she maintain same in reasonable repair and pay taxes and insurance thereon.

The complainant-appellant has filed seven assignments of error. The first five assignments challenge the finding of the Chancellor that complainant, and not defendants, breached the contract, and his conclusion denying relief. The sixth assignment insists that complainant should have been allowed to rent out, as well as occupy, the subject premises. The seventh assignment insists that the value of her life estate should have been awarded with lien upon the subject property for enforcement.

Complainant insists that:

“This contract (deed), coupled with this limited extrinsic evidence, clearly establishes that this was a conveyance of property, without a forfeiture clause, for future support of the complainant (grantor) by the defendants (grantees), and that this was what was contemplated by the complainant and the defendants in entering into this type of contract.”

However, defendant points out that the contract (deed), quoted supra, states:

" . . . In . . . consideration of . . . permitting me to live in their home, they to furnish me room and board . . . . ”

Defendant insists that the quoted wording, taken together was intended to mean and should be interpreted to mean:

“furnish me room and board in their (grantee’s) home (and not elsewhere).”

On the contrary, complainant insists that the expressions, “permitting me to live in their home” and “furnish me room and board” are separate and severable provisions, so that complainant would be (as she insists) entitled to live in defendants” home if she chose to do so, but, if not, to be supported by defendants elsewhere.

Complainant insists that the word, “board,” generally means meals, citing Wofford v. Hooper, 149 Tenn. 250, 259 S.W. 549 (1923). In said case, the Supreme Court held that a father who boarded his son while raising a crop of tobacco was entitled to a lien on said crop for said board as part of “supplies, implements and work stock furnished” under the crop lien statute. The Court said:

“It is objected that the term ‘board’ is used, and that this term covers lodging as well as food. Quite commonly the expression ‘board and lodging’ is used when both are furnished, and the term ‘board’ may well be applied in a sense limiting it to food. The term ‘board’ had its origin in the wooden material used in the construction of a table, or stand. So Webster defines ‘board’ in the sense now under consideration as, ‘what is served on a table as food; stated meals; provisions; entertainment; usually as furnished for pay.’ In 8 C.J., p. 1130, the noun ‘board’ is thus defined: ‘That which is served at the board or table; food, especially meals, regularly furnished for pay, sometimes including lodgings, but often, as in table board, day board, excluding lodging.’ The term is sometimes extended to include lodging —so Webster defines the verb, ‘to obtain meals, or meals and lodgings.’ While it [483]*483may have this double meaning, the primary meaning of the word ‘board’ is furnished food, and the presumption therefore is in this case, it not appearing affirmatively that the charge made included lodging, that the charge was for the food furnished.” 149 Tenn., pp. 254, 255, 259 S.W.2d p. 551.

It is to be noted that the deed, quoted supra, states, “room and board,” which reduces or eliminates the necessity of defining the word, “board.”

The brief of complainant further states:

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Related

Bishop v. R.E.B. Equipment Service, Inc.
735 S.W.2d 449 (Court of Appeals of Tennessee, 1987)
Love v. Smith
566 S.W.2d 876 (Tennessee Supreme Court, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
505 S.W.2d 479, 1973 Tenn. App. LEXIS 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snow-v-owens-tennctapp-1973.