Neimeyer v. Knight

Citations

• 98 Ill. 222
• 1881 Ill. LEXIS 243

Syllabus

<p>1. Forfeiture—person who may enforce. A son received a conveyance of an eighty and forty acre tract of land from his parents, with a condition that he was to pay them a certain sum during their joint lives, and one-half thereof to the survivor for life, with a clause in the deed authorizing them or either of them to declare a forfeiture for non-payment, and he afterwards conveyed the eighty acre tract to another in consideration of the undertaking on the part of the second grantee to fulfill the same conditions to his grantor’s parents in proportion to the land conveyed to him, in which last deed it was provided that a failure to pay such sum of money, etc., should work a forfeiture of the title, and operate against the grantee therein the same as far as it would have done against the grantor, and the second grantee having refused to pay the same to the grantor’s parents, the latter paid it, and filed his bill to have the deed declared forfeited, to which the court sustained a demurrer: Held, that the contract, being between the complainant and defendant only, the former alone could insist upon the forfeiture after the payment by him to save his other tract, and that the court erred in sustaining the demurrer, and that the complainant, at least, was entitled to have the sum paid by him decreed a lien upon the land.</p>