Document Type

Response or Comment

Publication Date

1919

Abstract

The recent case of Bisby v. Walker, 169 N. W. 467, decided by the Supreme Court of Iowa November 23, 1918, is an interesting instance of an all too common lack of appreciation and understanding of the very fundamentals of property law. Under the will of her grandfather B became entitled to a contingent remainder (at least the court treated it as such) in certain lands; the contingency upon which her taking depended was her being one of the surviving children of her mother at the time of the death of the life tenant, the testator's widow. During the continuance of the prior estate and therefore while her remainder was contingent B executed several mortgages, some describing the mortgaged property by metes and bounds and some as all her "right, title, and interest"' in the devised lands. These mortgages all contained covenants for title or recitals indicating an intention to convey "absolute title in fee simple." While the remainder was still contingent, and after the execution of all of the mortgages but one B went through bankruptcy and received the usual discharge. It was held, undoubtedly correctly so, that the mortgages were enforceable liens upon B's interest in the devised lands after the death of the life tenant, B having survived her.


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