Highland Crate Cooperative v. Guaranty Life Insurance

THOMAS, J.:

In the abstract, the question before us is the sufficiency of a bill of complaint to withstand a motion to dismiss it. The pleading is quite simple. It contains the averment that in 1937 an owner conveyed property to a married woman— concededly, she was not a free dealer — and reserved for a period of ten years the right to cut the timber growing on the land. Embodied in the deed was a stipulation “that as part of the consideration . . . for this conveyance the grantee, or her heirs or assigns, will pay all taxes . . . which may be levied or assessed against said lands and timber…