RAY v. THOMAS


232 S.W.2d 32 (1950)

RAY v. THOMAS et al.

Supreme Court of Tennessee.

July 15, 1950.


Attorney(s) appearing for the Case

C. A. Davis and F.C. Sewell, Memphis, for appellant.

Armstrong, McCadden, Allen, Braden & Goodman, Sam Taubenblatt, and Richard Allen, all of Memphis, for appellees.


GAILOR, Justice.

The single question presented by this appeal is the proper construction of the following peculiar provision of a trust deed given to secure the balance of purchase money on river lands in Tipton County:

"First party reserves the right to have said land surveyed at the first time the Mississippi River reaches a stage of 2.2 feet on the Memphis gauge; should such survey show less than 2200 acres, principal note No. 13 shall be credited with...

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