65 Minn. 457 | Minn. | 1896
The following facts appear from the findings of the court in this action:
On August 15, 1864, Rebecca FT. Graham was the owner of a life estate for and during her life in a certain city lot in Rochester, Minnesota, and her husband, Robert B. Graham, was the owner of the reversion. There was then in the course of erection on the lot a brick building, “designed for two stores below with hallway and other rooms on the second floor.” On that day the Grahams made a deed conveying to three persons named, “as trustees for Rochester Lodge Fío. 21, Ancient Free and Accepted Masons, then an unincorporated organized society,” “the entire upper or third story of said building, not exceeding 20 feet in height above the bottom of the joists” under the floor of that story; also a certain designated dark room in the second story, with a right of passage down the stairways to the. street. At the time of mailing this deed, the lodge had already, at its own expense, constructed nearly all of said third story except the roof, under a verbal license from the Grahams.
It is further found: “That, in and by said deed the said Robert B. Graham (but not his wife) covenanted as follows, among other things, viz.: 'First. That he will build, repair, and maintain forever a good, substantial, and efficient roof and cornice upon said building.’ That said deed was made by said grantors to said grantees in trust for the use and benefit of the said Rochester Lodge FTo. 21, to be used for the purposes and object of said society; and the grantees on their part covenanted therein with the grantors (1) to assume and faithfully execute said trust, subject to the advice and approval of said lodge; (2) to pay an annual rental of $25 on the 1st of January, each and every year; (3) to reconvey.to grantors, their, heirs or assigns, on request, after ten years, upon certain conditions; and (4) to 'grant and quit
In the course of time, the roof became leaky and out of repair, and it became necessary to rebuild the same. The defendants, including Robert B. Graham, were notified by the lodge to rebuild it, but • neglected to do so. For these reasons the lodge was compelled to and did rebuild the roof at an expense to it of $261, and brought this action against all of the Grahams and Schwartz and wife to have the amount so expended declared a lien on the rest of the premises, and to have the same sold to pay such amount. On the trial before the court without a jury the court ordered judgment as so prayed for, and from an order denying a new trial the owners of the rest of the premises appeal. Other facts will be stated in connection with the discussion, of the case.
Rebecca N. Graham is still living, so her life estate is still running. The ten-year option reserved in the deed to the three trustees was never exercised, and therefore it is out of the case. The $25 per year rent reserved to the grantors in that deed was a perpetual rent reserved on a conveyance in fee. Since the statute of quia emptores,
Let us now proceed to apply these principles to the case before us. Rebecca N. Graham never covenanted to maintain the roof, and by joining in the deed to the three trustees, and conveying her life estate in the third story of the building, she did not, either in law or equity, incumber her life estate in the rest of the building and property with the burden of the whole maintenance of the roof. She could subsequently have conveyed away her life estate in the rest of the property separately from her husband’s reversion, and her grantee would not take such life estate burdened with such incumbrance.
The order appealed from is reversed, and a new trial granted.
18 Edward I. c. 1.