Jackson, ex dem. Reeves v. Topping
New York Supreme Court
This was an action of ejectment, tried at the Suffolk circujt jn june 1837, before the Hon. Ogden Edwards, one of the circuit judges.
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This was an action of ejectment, tried at the Suffolk circujt jn june 1837, before the Hon. Ogden Edwards, one of the circuit judges. The lessor of the plaintiff as one of the children and heirs at law of David Reeves, sen. claimed to recover one fourth of certain premises conveyed by his father to his brother David Reeves, jun. by deed bearing date 23d March, 1821, in the possession of the defendant, relying upon a forfeiture of the estate by a breach of a condition contained in J the deed as the ground of his recovery. The deed from D. Reeves, senior, to D. Reeves, junior, contains a…
1Opinion of the Court
*394 By the Court,
Woodworth, J.
It appears to me, that the material question to be considered in this case is, whether, in order to constitute a forfeiture, there must be both a refusal to pay the debts, and proof that the grantor was put to costs, trouble or expense. The remaining questions are not attended with difficulty. In the first place, here was a debt claimed to be due from the grantor, which was disputed and payment refused. It cannot be the fair construction of the covenant, to deny the right of questioning the justice of the demand; consequently, the grantee had a right to insist that…
2Cited by31 opinions
- Upington v. . CorriganNew York Court of Appeals · 1896
- Craig v. . WellsNew York Court of Appeals · 1854
- Underhill v. Saratoga & Washington Rail RoadNew York Supreme Court · 1855
- Pearson v. LovejoyNew York Supreme Court · 1866
- State ex rel. Hall v. County Court of Monongalia CountyWest Virginia Supreme Court · 1918
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