143 Iowa 210 | Iowa | 1909
In December, 1900, Daniel Sullivan, being the owner of considerable land, signed and acknowledged deeds thereof to his several children, conveying to each a separate tract, and with the following clause in each deed: “The right of way is hereby reserved over said lands for myself and heirs owning timber land joining.” In August, 1901, he and the nine children entered into a contract by the terms of which each deed was to be placed in the hands of Theodore West, to be delivered after the death of the grantor, provided that each of the grantees therein should perform the conditions of the contract. Each of the children was to enter into possession of his respective tract of land, and each pay his father $50 on or before the 1st of 'January of each year until his death, and thereafter $50 each to a named trustee, for purposes specified. Should any child fail to comply therewith, his right to a deed was to be forfeited, and the tract described therein revert to the estate of the father. Each of the children entered into possession of the respective tract described in the deed to him. That allotted to Sarah Sullivan was the N. E. % N. W. %, N. E. % N. W. % N. W. %, and W. % N. W. % N. E. of.section 31, in township 74 N., of range 17 W., of the Fifth P. M. Fifty acres cornering on this to the northeast was allotted to the plaintiff, and also a ten-acre wood lot to the west of that .of Sarah. Others of the children,
Nor does it .appear that such deed ever was delivered. The contract was not complied with, by her or her grantee.