Francis v. Big Sandy Co.

Opinion of the Court by

Judge Turner

Affirming.

In October, 1886, John Francis and Ms wife conveyed to appellant, Mark H. Francis, their son, by deed of gift, a tract of land in Pike county.

The deed purports to convey to him a fee-simple title in all respects, but there is in it the following restriction upon Ms right of alienation:

“It being understood and agreed that the party of the second part shall not trade the same to any other person outside of the party of the first part’s bodily heirs, for the term of twenty years. ’ ’

Notwithstanding this provision, in August, 1887, and within the…