Charter Oak Life Ins. Co. v. Chatillion
| Decision Date | 18 May 1882 |
| Citation | 11 F. 818 |
| Parties | CHARTER OAK LIFE INS. CO. v. CHATILLION. [1] |
| Court | U.S. District Court — Eastern District of Missouri |
The material facts are as follows:
In the year 1830 Francis Fournier and wife conveyed certain real estate in fee to Francis Denoyer. By the same instrument they also conveyed to him, all their personal property. The deed declared that the consideration of the conveyance was that Denoyer should 'maintain Fournier and his wife during their natural lives, with good and sufficient clothing and food, in sickness and in health, furnish them with a horse and cart, and give them at all times free access to the property conveyed for their own use during their lives,' during which time Denoyer covenanted not to convey or dispose of the land to any person whomsoever.
On the thirty-first day of January, 1831, Denoyer, by a deed referring the above-mentioned conveyance, and reciting that the parties found said deed, and the covenants therein contained, to operate to their prejudice and against their interest, went on to declare that these and divers other good causes moved the parties to make said deed of January, 1831 by which he, said Denoyer, did 'abandon, relinquish, and quitclaim to all the property in the aforesaid deed described unto the said Francis Fournier, and they, the said Francis Fournier and wife,' did thereby 'release and discharge the said Francis Denoyer from the further performance of each and every one of the covenants by him entered into in the aforesaid deed.'
In February of the same year Fournier and wife reconveyed part of the land embraced in said previous conveyances to Denoyer. The land in dispute in this case is that portion of the real property conveyed by said deed of 1830 not embraced in the deed of February, 1831. Subsequent to the execution of the deed of February, 1831, Fournier conveyed the property sued for to the party from whom plaintiff derives title. The defendant claims title from Francis Denoyer by descent.
The only question in the case was as to the operation of said deed on January, 1831. Did it convey as estate in fee, or merely a life interest?
J. S Fullerton, for plaintiff.
Collins & Jamison, for defendant.
The deeds of Francis Fournier and wife, January 16, 1830, to Denoyer, and of Denoyer to Fournier and wife, January 31 1831, together with the deed of Fournier and wife to Denoyer February 1, 1831, fully establish the...
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