Page:Federal Reporter, 1st Series, Volume 2.djvu/145

 188 FEDEBAIj BEPOBTEIt. �BoTD and others v. Boyd and othera. (Circuit Court, D. Minnesota., 1880.) �Wnx — CoDicit — CoNBTBTjCTioN. — A testator Is presumed to have useo words In their natural sense, and where he has attached a codicll to hls original wlU the two are to be construed together, and the wlll Is not to be regarded as revokëd by the codicll nnless such ap- pears to be the intention. �Same — Same. — Certain specifie devises In a will held not to have been revoked by a subsequent codldL �Buit to quiet title. �Lamprey e James, for plaintiffs. �Henry J. Hom, for defendants. �Nelson, D. J. This suit was brought under the statntes of Minnesota to quiet the title to certain real estate situate in the county of Eamsey, in said state. The fee of the land was in the defendants' testator at the time of his decease, and had been since the year 1855. The plaintiffs claim title by gift from the deceased, and that possession was given to them, without a deed, in 1855; also by devise under a holographie will exeeuted by their testator May 26, 1856, in Adams connty, in the state of Mississippi. The defendants set up title uûder the same will, and a codicil thereto exeeuted Sep- tember 10, 1862. The case is put at issue by proper plead- ings, and is submitted to the court without a jury. �The defendants prove their title by will, which is met by opposing title of plaintiffs attempted to be shown as before stated by gift, and also by adverse possession under the stat- ute of limitations, and finally by special devise under the will through which the defendants claim. �It is urged by the defendants that the special devise in the will of the land in controversy to the plaintiffs is revoked by the codicil. If it is not, then there can be no doubt about the plaintiffs' title. The following is the will and codicil : �"I, Samuel S. Boyd, of the county of Adams and state of Mississippi, do make, ordain, and publish this my last will and testament, revoking ail others, and this being ail in my own handwriting and containing ten pages of manuscript : ����