Wolverton

This was a suit for a reconveyance of real property, conveyed by a woman over seventy years of age, to her son, Erastus J. Baker, upon condition that he Would apply to her support and maintenance so much of the rents and profits as should be sufficient to support and maintain her in a suitable manner during the rest of her life, and for the cancellation of certain deeds and mortgages made by the son, and a homestead declared by him. The trial court gave judgment for the defendants, and the plaintiff appeals upon the findings.

The findings show that the conveyance was without *592 consideration, and upon the condition mentioned; that for nearly two years before the commencement of the suit the son has not applied any portion of the rents and profits to the support of his mother; that he declared a homestead upon the property, and conveyed half of it to other persons, without consideration; and that he mortgaged it, “with the intent on his part to prevent the plaintiff from recovering anything from him.”

If these were the only facts, we should have no doubt of the right of the plaintiff to the relief she seeks, upon the ground of the breach of the condition, without reference to…