Mead v. Ballard
Supreme Court of the United States
Error to the Circuit Court for Wiscousin. Mead brought ejectment in the court below against Ballard to recover certain land which the ancestor of him (Meadj had conveyed for a full consideration, on the 7th September, 1847, to Amos Lawrence, of Boston, in fee.
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Error to the Circuit Court for Wiscousin. Mead brought ejectment in the court below against Ballard to recover certain land which the ancestor of him (Meadj had conveyed for a full consideration, on the 7th September, 1847, to Amos Lawrence, of Boston, in fee. The deed contained the usual covenants of warranty, and also a clause expressed in these words: “Said land being conveyed upon the express understanding and condition that the Lawrence Institute of Wisconsin, chartered by the legislature of said Territory, ¡shall be permanently located upon said lands, and on failure of such location…
1Opinion of the CourtJustice Miller
The plaintiff, who sues as heir-at-law of the grantors, main*294tains that the condition contained in the deed from Mead to Lawrence, is a condition subsequent which has not been performed, and having tendered the money received by them, he now claims the right to recover the land.
It must be conceded that the language of the deed amounts to a condition subsequent, and as no point was made in the trial as to the sufficiency of the tender, the ouly question before us is whether the condition was performed.
That condition was, that a permanent location of the Institute on the land should be made…
2Cited by3 opinions
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