Rustin v. Butler

Jenkins, Justice.

The Code, § 85-902, provides: "Conditions may be either precedent or subsequent. The former require performance before the estate, shall vest; the latter may cause a forfeiture of a vested estate. The law inclines to construe conditions to be subsequent rather than precedent, and to be remediable by damages rather than by forfeiture.” Johnson v. Hobbs, 149 Ga. 587 (101 S. E. 583). In this case, however, the remedy by forfeiture is plainly expressed; the only question being whether a condition subsequent imposing the forfeiture is contained in the deed. We think that the…