Birdsall v. Grant
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles J. Grant, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Wayne on the 10th day of May, 1898,, upon the decision of the court rendered after a trial at the Wayne Special Term. The action was brought to foreclose a mortgage executed by Charles J. Grant and M. Frances Grant to the plaintiff upon premises described in a deed from Lucy C. Grant to M'. Frances Grant.
1Opinion of the Court
Judgment affirmed, with costs, on the memorandum of Dunwell, J., delivered at Special Term.
All concurred.
The following is the memorandum of Dunwell, J., delivered at Special Term:
Dunwell, J.:
The clause in the deed from Lucy C. Grant to M. Frances Grant which "qualifies the fee is the subject of the controversy in this action.
The deed, which is in the usual form, by its terms conveys a title in fee, “ subject, however, to the condition following: The second party ” (M. Frances Grant) “ is to devote, pay and use the income and profits of said premises to and for the benefit, support and…
2Cited by2 opinions
- Steinbacher v. LessNew York Supreme Court · 1938
- McNaught v. HoffmanCourt of Appeals for the Ninth Circuit · 1921