142 Iowa 648 | Iowa | 1909
The plaintiff claims title to the premises, consisting of a lot with improvements thereon in the town of Mt. Vernon, under warranty deed from one Leigh, who in February, 1899, received a conveyance of said lot from defendant Naomia Woodcox and subsequently, before the conveyance to plaintiff, made valuable improvements thereon. Prior to the conveyance to Leigh, Mrs. Woodcox had conveyed the lot to her co-defendants in this action by
In consideration that Stella Garrett furnishes me with a home and supports me during the remainder of 'my natural life, I, Naomia Woodcox, unmarried, of Linn County, State of Iowa, hereby sell and convey to the said Stella Garrett, of Linn County and State of Iowa, the following described premises in the county of Linn and State of Iowa, to wit, fractional lot one (1) and ten (10) feet in uniform width off of the southeast side of lot two (2) in fractional block one (1) in Saxby’s First addition to the town of Mount Vernon, Iowa, according to the recorded plat of said addition to said town, to have and to hold and to use and enjoy the same and the appurtenances and the rents and issues and profits thereof during the terms of her natural life, and at her death to vest in her children Velma Jane Garrett and Merrill Garrett or the survivors of them, provided, however, that if Stella Garrett should die before the death of Naomia Woodcox, the grantor herein, then the estate of Velma Jane Garrett and Merrill Garrett shall be subject to their furnishing the said Naomia Woodcox with a home and supporting her during the remainder of her natural- life, which right to a home and support shall be a charge and an incumbrance on said premises in favor of the said Naomia Woodcox and against all the grantees herein. Provided that if Stella Garrett, Velma Jane Garrett and Merrill Garrett should all die before the death of the grantor herein, then the said premises and all right, title and interest therein shall revert to the said grantor, Naomia Woodcox.
At the time this conveyance was made the grantees Velma Jane Garrett and Merrill Garrett, children of Stella. Garrett and grandchildren of the grantor, were of the age of four and two years. About three months after the conveyance from Mrs. Woodcox to Leigh under which plaintiff claims, Mrs. Garrett with whom her husband joined, executed to said Leigh a warranty deed for her interest in the property. The defendant Mrs. Woodcox made no defense to plaintiff’s action to have his title
The interest of the minor grantees, having vested in them at the time the deed of Mrs. Woodcox- was delivered to their mother, has not been divested by any action on the part of either Mrs. Woodcox or the mother which can be regarded as binding upon said minor grantees, and the court therefore erred in quieting plaintiff’s title as against said minor grantees. We have, of course, no occasion to consider the extent of the interest of the minor grantees, nor to determine what the rights of the plaintiff ^ are, in view of the fact that when the lot was conveyed by Mrs. Woodcox to Leigh it was of the value of not to exceed $500, and when it was conveyed by Leigh to plaintiff it had by reason of improvements placed thereon been increased in value to $2,500, the consideration recited in the deed by which such conveyance was made. The fact that Leigh or plaintiff may have been misled through erroneous recitals in the abstract of title into believing that the conveyance of Mrs. Garrett completed the title in Leigh is, of course, wholly immaterial.
The decree of the trial court is reversed.