Harmon v. State Roads Commission

McWilliams, J.,

filed the following dissenting opinion.

I remain convinced that the deed from Moss to Strawn created a condition subsequent, that there was a breach of that condition resulting in a forfeiture and that Moss subsequently conveyed a fee simple title to the Harmons, subject, of course, to his life estate.

The majority, invoking the “rule” which permits the Court to ignore any point not argued either orally or in the brief, declined to consider whether a condition subsequent had been created. This “rule” is as much honored in the breach as in the observance. The Court has never…