Clarke v. Inhabitants of the Town of Brookfield
Supreme Court of Missouri
Appeal from Linn Circuit Court.—H,on. G-. X>. Burgess, Judge. The terms of the deed create in form a valid condition subsequent. It declares a forfeiture and reverter. Gilbert v. Peteler, 38 N. Y. 168 ; Lowe v. Hyde, 39 Wis. 345; Hayden v. Sloughter, 5 Pick. 531; 2 Washburn on Real Prop., p. 3. The condition was not impossible at the time it was created. The impossibility to discharge a condition must be a physical one. 1 Swift, 93; 1 Hilliard on Real Prop., 309, note.
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Appeal from Linn Circuit Court.—H,on. G-. X>. Burgess, Judge. The terms of the deed create in form a valid condition subsequent. It declares a forfeiture and reverter. Gilbert v. Peteler, 38 N. Y. 168 ; Lowe v. Hyde, 39 Wis. 345; Hayden v. Sloughter, 5 Pick. 531; 2 Washburn on Real Prop., p. 3. The condition was not impossible at the time it was created. The impossibility to discharge a condition must be a physical one. 1 Swift, 93; 1 Hilliard on Real Prop., 309, note. The condition has not become impossible since its creation by the act of God or the grantor, nor has the condition been…
1Opinion of the Court
Martin, C.
This was an action of ejectment to recover possession of two lots of land in the town of Brook-*506field, which, the plaintiff had conveyed to defendant, hut which he claimed had reverted to him for breach of condition in the deed of conveyance.
It appears in evidence that on the 21st of October, 1871, the board of trustees adopted an ordinance which provided “ for the borrowing of $30,000 on bonds for the purpose of constructing an engine house and hall for the use and improvement of the town, and to purchase an engine and hose cart, hose and hook and ladders, and construct not less…
2Cases cited11 opinions
- Lewis v. Atlas Mutual Life InsuranceSupreme Court of Missouri · 1876
- Ketchum v. . the City of Buffalo and AustinNew York Court of Appeals · 1856
- Stuyvesant v. Mayor of New-YorkNew York Court of Chancery · 1845
- Messersmith v. MessersmithSupreme Court of Missouri · 1856
- Richardson v. City of BostonSupreme Court of the United States · 1861
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3Cited by19 opinions
- Ritchie v. Kansas, Nebraska & Dakota Railway Co.Supreme Court of Kansas · 1895
- Wheelock v. City of LowellMassachusetts Supreme Judicial Court · 1907
- State Ex Rel. Wahl v. SpeerSupreme Court of Missouri · 1920
- Hutcheson v. AthertonNew Mexico Supreme Court · 1940
- Flaten v. MoorheadSupreme Court of Minnesota · 1892
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