Kampman v. Kampman
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. Equity does not favor forfeitures, and deeds must be strictly' construed as against the grantors. “Courts always construe clauses in deeds as covenants rather than conditions, if they can reasonably do so.” 2 Washburn on Real Prop. (5 ed.) § 3; Id. § 5; Tiedeman on Real Prop. (2 ed.) § 279; 2 Washburn, Real Prop.
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Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. Equity does not favor forfeitures, and deeds must be strictly' construed as against the grantors. “Courts always construe clauses in deeds as covenants rather than conditions, if they can reasonably do so.” 2 Washburn on Real Prop. (5 ed.) § 3; Id. § 5; Tiedeman on Real Prop. (2 ed.) § 279; 2 Washburn, Real Prop. (14 ed.) § 7; 25 S. W. (Mo.) 201; 15 Wall. 146; 2 Story’s Eq. § 1319; 4 Kent’s Com. 131; 59 Ark. 405-8. Conditions subsequent are not favor in law because they tend to destroy estates. ' 109 Va. 676; 64 S.' E. 982;…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, H. J. Kampman, and his wife, Ulferdina Kampman, on August 8, 1907, executed to their son, the defendant, Henry J. Kampman, a deed conveying 40 acres of land situated in Arkansas County, and on July 30, 1909, he instituted this action in the chancery court of that county to cancel the deed, claiming that it expressed on its face a condition subsequent which the defendant had failed to perform. The condition was that the defendant, Henry J. Kampman, “is to pay to the said H. J. Kampman, and wife, Ulferdina Kampman, forty dollars a year as a dowry during their natural lifetime.”…
2Cases cited4 opinions
- Salyers v. SmithSupreme Court of Arkansas · 1900
- Little Rock Granite Co. v. ShallSupreme Court of Arkansas · 1894
- Bain v. ParkerSupreme Court of Arkansas · 1905
- Turpin v. BeachSupreme Court of Arkansas · 1909
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- Dickinson v. McKenzieSupreme Court of Arkansas · 1939
- Goodwin v. TysonSupreme Court of Arkansas · 1925
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