Walker v. Walker
Supreme Court of New Hampshire
Writ or Entry, filed by way of amendment to the original bill in equity, mentioned in this case as reported 63 N. H. 321, and brought to recover the farm there described. The defendant pleaded to the amendment (1) non-tenure special; (2) that the allegations in the plaintiff’s declarations are not true ; (3) a brief statement for improvements.
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Writ or Entry, filed by way of amendment to the original bill in equity, mentioned in this case as reported 63 N. H. 321, and brought to recover the farm there described. The defendant pleaded to the amendment (1) non-tenure special; (2) that the allegations in the plaintiff’s declarations are not true ; (3) a brief statement for improvements. The question of fact tried was, whether the defendant had forfeited his rights under the deed by a failure to perform its conditions in not furnishing the plaintiff food, clothing, and all other things Suitable and necessary in the house on the farm.…
1Opinion of the CourtBlodgett, J.
The effect of the conveyance under which the defendant claimed title was to vest an estate for life in the plaintiff with remainder in fee to the defendant, subject, however, to be revested in the plaintiff on the non-performance by the defendant of the condition annexed to his estate by the terms of the conveyance. Rollins v. Riley, 44 N. H. 9. Knowing that" his title was conditional and his estate defeasible, the defendant is not to be regarded as holding “under a supposed legal title” within the meaning of the statute relating to betterments (G. L., a. 222, s. 6), and must be deemed to…
2Cases cited1 opinion
- Hughes v. EdwardsSupreme Court of the United States · 1824
3Cited by7 opinions
- Mettetal v. HallMichigan Supreme Court · 1939
- Burnham v. StillingsSupreme Court of New Hampshire · 1911
- Emerson v. KingSupreme Court of New Hampshire · 1978
- Moore v. Sterling Warner Industrial Investment Corp.Supreme Court of New Hampshire · 1974
- Phelan v. AdamSupreme Court of New Hampshire · 1920
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