Sharpe v. North Carolina Railroad
Supreme Court of North Carolina
1Opinion of the CourtVarser, J.
Tbe North Carolina Railroad Company, by virtue of tbe last clause of tbe quoted stipulation in tbe Eonville deed, bad a mere possibility of reverter. Tbe reverter will not take place unless there is a violation of tbe restrictions, named as to tbe use of tbe granted premises. Tbe provision plainly shows tbat tbe reverter can only operate to revest tbe title in tbe North Carolina Railroad Company and not in tbe plaintiffs or others similarly interested under deeds with tbe same provisions.
This bare possibility of a reverter under a condition subsequent is not assignable at common law. Tbe same…
2Cases cited26 opinions
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- First Universalist Society of North Adams v. BolandMassachusetts Supreme Judicial Court · 1892
- Ruch v. Rock IslandSupreme Court of the United States · 1878
- Aldred v. SylvesterIndiana Supreme Court · 1916
- Leonard v. . BurrNew York Court of Appeals · 1858
21 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Brittain v. . TaylorSupreme Court of North Carolina · 1915
- Mattox v. StateSupreme Court of North Carolina · 1972