Sharp v. Sharp

1. Deeds — Construction—Intention or Parties. In the construction of deeds, the intention of the parties must prevail, unless it is contrary to law. 2. Partition — Property Subject — Burial Lot. Where a grantor reserved out of property conveyed to a cemetery association a certain lot for burial purposes, such lot is not a part of his estate subject to partition among his heirs.

Appeal from Livingston; Miner, J. Bill by Henry Sharp against James Sharp and Etta Sharp to quiet title to land. From a decree for complainant, defendants appeal. One Thomas Sharp early settled in Deerfield, Livingston county, Michigan, and for many years prior to 1855 was the owner of the east half of the southeast quarter of section 21, on which he lived and cultivated as a farm. On January 23, 1855, he and his wife executed a deed to three persons (naming them) as trustees of the Deerfield Center Burying Ground and their successors in office, conveying to them one acre (describing it). The deed contained the following: “ It is understood that the parties of the first part are to retain a certain lot in said burying ground that they have used, and said lot is two rods square.” No cemetery association had then been formed, but one was subsequently formed. The burying ground was then platted into lots, and the ground referred to in the deed was set apart to Mr. Sharp, and numbered lot 22. Previous to the execution of this deed, the grantors had buried three children in it. Mr. Sharp died, and was buried there. Subsequently his wife died, and was also buried there. After his death the farm was partitioned between his children, and that portion on which was this burying ground was allotted to the complainant. In the report of the commissioners, no reference was made to the burial ground. Defendant James obtained a quitclaim deed from two of the heirs of Thomas Sharp, and the bill alleges that the defendant James claims an interest in this lot, and that the cemetery association has granted to the defendant certain rights of burial upon said lot, and that the association has no right to issue any right of burial to him. Complainant, claiming to own the entire lot, filed this bill to quiet his title. The court entered a decree for the complainant, holding that he had title to the entire lot.