Stilwell v. St. Louis & Hannibal Railway Co.
Missouri Court of Appeals
Appeal from the Pike Circuit Court. — How. E. M. Hughes, Judge. Conditions subsequent can only be reserved for the benefit of the grantor and his heirs, and no other person can take advantage of a breach of them, nor can the grantor or his heirs devise or convey them in any manner.
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Appeal from the Pike Circuit Court. — How. E. M. Hughes, Judge. Conditions subsequent can only be reserved for the benefit of the grantor and his heirs, and no other person can take advantage of a breach of them, nor can the grantor or his heirs devise or convey them in any manner. Boone on Corporations, sec. 212; Nieoll v. Pail-road, 12 N. Y. 131, 121; Gray v. Blanchard, 8 Pick. 284; Cross v. Carson, 8Blackf. 138; Hooper v. Cummings, 45 Me. 359; Jackson v. Topping, 1 Wend. 338, 388; Co. Litt. 214 and 214 a\ Southard v. Railroad, 2 Butch, 21. The breach of a condition subsequent can only be…
1Opinion of the Court
Biggs, J.,
deliyered the opinion of the court.
The plaintiff instituted this action for damages against the defendant, and he' claims to have been in j ured by the unlawful and wrongful act of the defendant in obstructing a pass way or private road' extending over the right of way of the defendant’s railroad. The defendant’s railroad passes over the farm of the plaintiff, and, at the time the plaintiff became the owner of this farm, there was an underground roadway extending across the right of way of the railroad, and connecting the main body of the farm, with a smaller tract cut off by the…
2Cases cited10 opinions
- Karmuller v. KrotzSupreme Court of Iowa · 1865
- Front Street, Mission & Ocean Railroad v. ButlerCalifornia Supreme Court · 1875
- Morrill v. Wabash, St. Louis & Pacific RailwaySupreme Court of Missouri · 1888
- Pomeroy v. Chicago & Milwaukee RailroadWisconsin Supreme Court · 1870
- Wolfe v. DyerSupreme Court of Missouri · 1888
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3Cited by7 opinions
- Silver Springs, Ocala & Gulf Railroad v. Van NessSupreme Court of Florida · 1903
- Murphy v. HolliwayMissouri Court of Appeals · 1929
- American Insurance v. MeyersAppellate Court of Illinois · 1905
- Stoutimore v. Q., O. K.C.R.R. Co.Missouri Court of Appeals · 1923
- United States v. Certain Land in City of Cape GirardeauDistrict Court, E.D. Missouri · 1948
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