Peden v. Chicago, Rock Island & Pacific R'y Co.
Supreme Court of Iowa
Appeal from, Davis District Court. On the 15th day of March, 1871,' Joseph Peden executed a conveyance to the Chicago & Southwestern Railroad Company, whereby he conveyed a right of way across a tract of land then owned by him. The company soon afterwards constructed a railroad on the strip of land so conveyed to it.
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Appeal from, Davis District Court. On the 15th day of March, 1871,' Joseph Peden executed a conveyance to the Chicago & Southwestern Railroad Company, whereby he conveyed a right of way across a tract of land then owned by him. The company soon afterwards constructed a railroad on the strip of land so conveyed to it. The consideration named in the conveyance is one dollar, and the instrument contains the following provision: “ The water on the southeast side of the road to be made to run on same side of road, instead of through the cattle-guards.” The railroad was constructed in such manner…
1Opinion of the CourtReed, J.
*330rigkt-oi-way deed: covenant or eondition subsequent. *329I. Appellant claims that the provision in the *330deed is a condition subsequent, and, being a condition in deed and not in law, the right to take advantage of the breach rests alone with him who created it and the estate to which it attaches. But the ’ district court ruled that the provision is an independent covenant. This ruling is correct. As conditions subsequent tend to destroy estates, they are not favored in law. They are always strictly construed. And if it is reasonably doubtful whether a provision in the conveyance was intended as a…
2Cases cited2 opinions
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- Close v. Burlington, Cedar Rapids & Northern R'y Co.Supreme Court of Iowa · 1884
3Cited by14 opinions
- Sexauer v. WilsonSupreme Court of Iowa · 1907
- Irvine v. City of OelweinSupreme Court of Iowa · 1915
- Patterson v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1919
- Shields v. HarrisSupreme Court of North Carolina · 1925
- Thomas v. Cedar FallsSupreme Court of Iowa · 1937
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