168 Iowa 299 | Iowa | 1914
The plaintiffs are heirs at law of Eliza Glass and John P. Glass, wife and husband, formerly residents of Linn County. The defendants include the other heirs at law of the same ancestors and certain grantees of lands conveyed by such ancestors in their lifetime. In 1852, Eliza Glass received from John Dodge, her father, a deed conveying certain 320 acres of land. Some of such land was subsequently conveyed by her to N. M. Hubbard, whose heirs are parties defendant. Some of it was conveyed to her children. The residue she devised to her husband who survived her. She died in February, 1890. Her various grantees and her devisee husband all entered into possession of their respective tracts and all continued in possession of same by themselves or their successors in title until the beginning of this suit. The husband, John P. Glass, died testate in 1900. By his will he created a trust to be executed by his executors and to be continued for twenty years; and all his property was devised to
“. . . I do hereby bargain, sell and convey unto the said Eliza A. Glass and her heirs and their assigns forever the following tracts or parcels of land situated in the County of Linn and State of Iowa, ... To have and to hold the same to the said Eliza A. Glass during her natural life and to her heirs and assigns forever, and I, the said John Dodge, for myself, my heirs, executors and administrators, do covenant to and with the said Eliza A. Glass, during her natural life, and to her heirs and their assigns to warrant, secure and defend the above described premises to the said Eliza A. Glass, during her natural life, and to her heirs and their assigns forever against the lawful claims of all persons whomsoever* it being distinctly understood that all conveyances made by the said Eliza A. Glass shall be null and void.” It is contended for the plaintiffs that by this deed a life estate only was conveyed to Mrs. Glass. This contention is based upon the proposition that the intention of the grantor to convey to Mrs. Glass a life estate only stands out plainly upon the face of the conveyance. The plaintiffs, claim title to the remainder over under the terms of such conveyance.
For the defendants it is contended that the form of the conveyance brings it squarely- within the rule in Shelley’s
It is urged for plaintiff, Mabel Seagrave, that she attained her majority “less than ten years before the suit was begun.” This plaintiff was born in December, 1881. .She therefore attained her majority in December, 1899. She was not barred by the statute until the expiration of one year after attaining her majority. The statute had fully run against her for more than one year before the beginning of her suit. So far, therefore, as this tract of land was concerned the plea of the statute of limitations was good. Some other matters of controversy appear in the record but the parties have filed a stipulation withdrawing them from our consideration. In ordering the affirmance of the ease, therefore, it will be subject to the reservations of such stipulation. If deemed necessary by either
The decree of the district court is — Affirmed.