Warner v. Bennett
Supreme Court of Connecticut
Bill in equity. The principal allegations of the bill were as follows: That on the 7th day of March, 1834, Eliphalet Tomlinson, then in full life but since deceased, being anxious to aid in the erection of a house for a high school, to be used by an association known by the name of the Upper Tillage High School Association of New Preston, said house to be used by said association for educational, religious and other public purposes, and for no private use, did make and…
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Bill in equity. The principal allegations of the bill were as follows: That on the 7th day of March, 1834, Eliphalet Tomlinson, then in full life but since deceased, being anxious to aid in the erection of a house for a high school, to be used by an association known by the name of the Upper Tillage High School Association of New Preston, said house to be used by said association for educational, religious and other public purposes, and for no private use, did make and execute his conditional deed to Joseph H. Bennett and Johnson O. Hatch, and other stockholders of said association, which…
1Opinion of the CourtSanford, J.
In our opinion the conveyance from Tomlin-son to Bennett and others was of a fee simple estate upon condition expressed in the deed. The instrument is a common deed of bargain and sale to the grantees, their heirs and assigns forever, for certain uses specified in the deed, which contains the following clause : “ The conditions of the within deed are such that whenever the within named premises shall be converted to any other use than those named within, and the within grantees shall knowingly persist in the use thereof for any purpose whatever except such as are described in said within…
2Cases cited1 opinion
- Livingston v. TompkinsNew York Court of Chancery · 1820
3Cited by26 opinions
- Watrous v. AllenMichigan Supreme Court · 1885
- Missouri Historical Society v. Academy of ScienceSupreme Court of Missouri · 1887
- City of Barnesville v. StaffordSupreme Court of Georgia · 1926
- Memphis & Charleston Railroad v. NeighborsMississippi Supreme Court · 1875
- Craig v. HukillWest Virginia Supreme Court · 1892
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