109 Iowa 695 | Iowa | 1899
The parties to this action are the children of Ferdinand Zunkel, who¡ died March 18, 1876, leaving’, as his heirs the plaintiff, a son by his first wife, and the defendants, the issue of . his second union. The mother of the defendants survived him until January 18, 1896. Ferdinand settled on the eighty acres of land in controversy prior to- 1875, broke about fifty acres, built a house and fenced it, and June 23d of that year entered into a contract of purchase with Edwin C. Litchfield, agreeing to punctually pay therefor four hundred dollars November 1, 1875, and three hundred and eighty dollars in six equal annual payments, beginning November 1, 1876. Time was of the essence of this agreement, and, upon failure to comply with any of its conditions, it was to be void, without declaration of forfeiture. No payments were made during
II. The widow doubtless might have acquired some property left by deceased for the support of herself and children during the twelve months after his death. But our statute required her to make application therefor, and directed a necessary allowance, rather than a specified sum. Until there
III. This action was begun March 12, 1897, — more than twenty years after the death of Ferdinand Zunkel. The plaintiff had lived on the land with his stepmother until eighteen years of age, and thereafter frequently visited her, up to the time of her death. Her' possession under the deed •of June 16, 1881, was that of her cestuii que trust; also-, of
IV. We need only add that this is not a proper case in which to apply the doctrine of la,ches. To do so would repudiate the virtues of parental respect and gratitude,