Simpson v. Kamos Realty Co.

This is a submitted controversy on an agreed statement of facts under section 546 of the Civil Practice Act.

Defendant has rejected the title of certain real property tendered by plaintiff in performance of a land contract between them. Plaintiff asks for a decree of specific performance.

Under date of May 2, 1870, Salome M. Hill conveyed the land in question to Emily W. Pierce, her daughter. The habendum *99clause in the deed read as follows: “ To have and to hold the said premises to the party of the second part for and during her natural life, with remainder in fee to the heirs of her body, if…