Shaw

This action was brought to quiet title in the plaintiff to a certain parcel of real estate. Judgment was entered agreeable to the prayer of the complaint. Defendants have appealed.

On the twenty-seventh day of February, 1912, plaintiff and Jacob C. Miller, her husband, executed a deed conveying the title to the property in controversy to Mervin Miller. The deed was made upon the consideration that the grantee should pay to the grantors the sum of seventy dollars per month as long as the said grantors should live, and to the survivor in the event one should die. Jacob C. Miller did die, and the plaintiff during all of the times herein mentioned was entitled to receive the seventy dollars per month provided to be paid. [1] The condition subsequent was definitely and expressly stated in the deed that in the event of the nonpayment of the seventy dollars and in the event such default should continue for a period of fifteen days, “then the title to said real property will revert to said parties of the first part, . . . and it shall be lawful for the parties of the first part or survivor of said parties of the first part, to re-enter, and have, and enjoy the said real property as of…