Hanners v. Hanners

SIMPSON, Justice.

Appeal from a decree sustaining the demurrer to a bill in equity. The bill sought cancellation of a deed on the ground of a breach of an alleged condition subsequent and in the alternative on the ground that a material part of the consideration was the support and maintenance of the grantor.

The granting clause of the deed gave to the grantees a fee simple absolute and following the description of the property conveyed was the following parenthetical clause:

"The condition of this deed is as follows: — That R. H. Hanners and wife Marie Hanners [grantees], are to pay me…