Ashuelot National Bank v. Keene
Supreme Court of New Hampshire
Writ of Entry, to recover the possession of a lot of land in Keene. Trial before Peaslee, J., at the October term, 1905, of the superior court. The plaintiff excepted to the denial of a motion for a verdict in its favor, and also to the general verdict for the defendants.
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Writ of Entry, to recover the possession of a lot of land in Keene. Trial before Peaslee, J., at the October term, 1905, of the superior court. The plaintiff excepted to the denial of a motion for a verdict in its favor, and also to the general verdict for the defendants. May 7, 1890, Henry O. Coolidge, then a resident of Keene, made the following proposition to the city: “ I will purchase the Perry place, so called, of the Rev. William O. White, upon the terms agreed upon between said White and myself, and pay him for said premises the sum of $15,500, and convey said real estate to said city…
1Opinion of the CourtBingham, J.
The contention of the plaintiff is that the land was conveyed to the city upon the condition that the grantor and his heirs might enter and enforce a forfeiture if the city failed within a reasonable time to devote the property to the purposes specified in the deed; and that as the city has failed in this respect, the plaintiff, as residuary legatee under the will of Mr. Coolidge, can enforce the forfeiture the same as he might have done if living. This contention is based upon the assumption that the land was conveyed subject to a condition subsequent, and upon the legal proposition that a…
2Cases cited5 opinions
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