Murray

The nature and effect of the instrument executed by and between Mary Ann Roussel and husband and McLeran has not been discussed by counsel, but they treat it as a deed of conveyance, and no objection is suggested as to the validity of any of the clauses of the instrument. One of those clauses prohibits McLeran from selling, conveying or otherwise disposing of any of the lands without the written consent of Mary Ann Roussel. The deed of McLeran to Murray, made during the pendency of the action of McLeran v. McNamara et al., having been made without the written consent of Mary Ann Roussel, is absolutely void, as a conveyance of any interest acquired by McLeran under the first mentioned deed, if the above clause is valid.

The habendum clause recites that the premises are held, the undivided half for McLeran, and the other half in trust for said Mary Ann; and another clause provides that if McLeran shall obtain the seisin or possession of any of the lands, such seisin and possession shall ipso facto operate to invest the said Mary Ann with the legal seisin, possession and estate of and in the one undivided half thereof, at her election. It is unnecessary at this time to define the…