Hart v. Wiley

The opinion of the court was delivered by

Harvey, J.:

This is an action to quiet title. There was judgment for plaintiff, and the defendant, Mary Mason Maddis, has appealed.

For the purpose of considering the questions presented we start with the title to the land in question in John Mason, who in 1905 executed a will disposing of this land by a paragraph which reads as follows:

“I will, devise and bequeath to my beloved son [Thomas E. Mason] and *27heirs of his body (the land is described), the same not to be mortgaged or sold during the lifetime of my son.”

After the death of John Mason the son,…