Leonard v. Smith

• Decision Date: 20 May 1890
• Citation: 45 N.W. 762,80 Iowa 194
• Parties: LEONARD v. SMITH ET AL.
• Court: Iowa Supreme Court

80 Iowa 194

45 N.W. 762

LEONARD

v.SMITH ET AL.

Supreme Court of Iowa.

May 20, 1890.

Appeal from district court, Fayette county; L. O. HATCH, Judge.

Action in equity to set aside a conveyance of real estate. There was a trial on the merits, and a judgment in favor of defendants for costs. The plaintiff appeals.Ainsworth & Hobson and D. W. Clements, for appellant.

J. W. Rogers & Son, for appellees.

ROBINSON, J.

Plaintiff is the uncle of defendant Emma L. Smith, and she is the wife of her co-defendant. On the 13th day of March, 1883, plaintiff executed and delivered to his said niece an instrument in writing, which conveyed an improved farm of 80 acres in Fayette county. The instrument was in form a warranty deed, excepting that it contained provisions as follows: “The above real estate subject to the above reservations and conditions, to-wit: Said A. Leonard reserves in the dwelling-house full possession and control of the sitting-room and bedroom off from the same on the west, for his own use during his natural life. Said grantee has the right to go through said sitting-room in going up and down stairs. Said rooms above mentioned are to be kept in order by the grantee and taken care of during said grantor's natural life. Said Emma L. Smith is to furnish A. Leonard, during his natural life, good and sufficient food; do all his washing, including bedclothes; also do all his mending, furnish attendance during sickness, and make a pleasant home for him. A. Leonard also reserves the use and possession of ground for wood and any material he may want to deposit near the buildings. He also reserves to his own use sufficient room in the barn for two horses, and room for hay and grain for the same. The taxes are to be paid on said land when due. Said land is not to be deeded or incumbered in any manner by grantee during grantor's natural life. The buildings thereon and all improvements are to be kept in good repair and order. This conveyance made subject to the faithful performance of the foregoing conditions, and, on a failure on the part of said grantee to perform any of the foregoing conditions, then this conveyance shall be declared null and void.”

Appellant claims that the conditions of the deed have been violated, as follows: That the grantee of the deed failed to make a pleasant home for him, but treated him badly, and she and her family made his life unpleasant; that she failed to furnish him with good and sufficient food, properly cooked; that she failed to wash and mend his clothes; that she has failed to keep the fences and buildings on said premises in repair, and has used one of the houses for a stable; and that she has failed to care for and properly protect the fruit-trees, grove, grape vines, raspberry and current bushes which were on said place when the conveyance was made. Plaintiff insists that by reason of said alleged facts the grantee has forfeited all rights she acquired by the conveyance, and he asks that it be decreed null and void. The alleged failure to comply with the conditions of the...