Underhill v. Saratoga & Washington Rail Road
New York Supreme Court
THIS was an action to recover the possession of certain lands, and also damages for the breach of certain covenants contained in a deed.
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THIS was an action to recover the possession of certain lands, and also damages for the breach of certain covenants contained in a deed. The complaint averred that on or about the 30th day of April, 1847, Henry H. Lawrence and Richard Lawrence, being seised and possessed of the lands and premises in question, with their wives conveyed to the defendants the said land comprised and included within, and bounded by, the two outward lines of the rail road constructed or to be constructed by the defendants between the villages of Saratoga Springs and Whitehall, where the road crossed or ran upon…
1Opinion of the Court
By the Court, C. L. Allen, J.
There can be little doubt, I apprehend, but that the provision in the deed was a condition subsequent! No precise technical words are required to make a condition precedent or subsequent. The construction must always be founded on the intention of the parties. (3 Cruise's Dig. 468, tit. 32, ch. 24, sec. 70. 1 id. tit. 13, ch. 1, sec. 10.) The same words have been construed both ways, and much has been made to depend on the order of time in which the conditions are to be performed. If the act or condition required does not necessarily precede the vesting of the…
2Cases cited12 opinions
- Finlay v. King's LesseeSupreme Court of the United States · 1830
- Norman v. WellsNew York Supreme Court · 1837
- Jackson ex dem. Varick v. WaldronCourt for the Trial of Impeachments and Correction of Errors · 1834
- Kinney v. WattsNew York Supreme Court · 1835
- Lawrence v. BayardNew York Court of Chancery · 1838
7 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Upington v. . CorriganNew York Court of Appeals · 1896
- Lindsey v. LindseyIndiana Supreme Court · 1874
- Towle v. . RemsenNew York Court of Appeals · 1877
- In re the Estate of ShupackNew York Surrogate's Court · 1936
- Sanitary District of Chicago v. Chicago Title & Trust Co.Illinois Supreme Court · 1917
27 more not listed; retrieve them via the Exa API.