Bouvier v. Baltimore & New York Railway
Supreme Court of New Jersey
On error to the Supreme Court. The plaintiff below recovered verdict and judgment in ejectment, and error is assigned upon exceptions sealed at the trial. Both parties claim title under the same deed, the defendant by reason of the conveyance and the plaintiff by reason of an alleged breach of its conditions.
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On error to the Supreme Court. The plaintiff below recovered verdict and judgment in ejectment, and error is assigned upon exceptions sealed at the trial. Both parties claim title under the same deed, the defendant by reason of the conveyance and the plaintiff by reason of an alleged breach of its conditions. The following are the salient facts involved: The Baltimore and New York Railway Company, the defendant below, was incorporated under the General Railroad law on November 19th, 1888, for the purpose of constructing a railroad, about six miles long, through Union county, from near where…
1Opinion of the Court
The opinion of the court was delivered by
Collins, J.
It is unnecessary to state the various exceptions sealed at the trial on rulings assigned for error in this court. They are sufficient to present the questions argued, of which we will now dispose. It is conceded that, by the deed of March 22d, 1889, the grantee took an estate upon condition subsequent; and that, upon a breach, the grantors might reenter the land conveyed as of their former estate. I will take up, in order, the contentions of the plaintiff in error:(1) Thai neither of the conditions imposed was in fact broken. It is plain…
2Cases cited4 opinions
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- De Peyster v. . MichaelNew York Court of Appeals · 1852
- Bouvier v. Baltimore & New York RailroadSupreme Court of New Jersey · 1900
- Cullen v. WoolvertonSupreme Court of New Jersey · 1899
3Cited by8 opinions
- Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
- Perry v. SmithTexas Commission of Appeals · 1921
- Stevens v. Galveston, H. & S. A. Ry. Co.Court of Appeals of Texas · 1914
- Sweeney v. VenezianoNew Jersey Superior Court Appellate Division · 1961
- Ross v. SandersonSupreme Court of Oklahoma · 1917
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