Board of Chosen Freeholders v. Buck
New Jersey Court of Chancery
On bilb &c., to qniet title. The hill is a statutory bill to quiet title to real estate, and is filed by the board of chosen freeholders of the county of Cumberland to quiet title to certain land in the city of Bridgeton, now in the 'possession of that board, on which land the old clerk’s and surrogate’s offices of that county stand.
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On bilb &c., to qniet title. The hill is a statutory bill to quiet title to real estate, and is filed by the board of chosen freeholders of the county of Cumberland to quiet title to certain land in the city of Bridgeton, now in the 'possession of that board, on which land the old clerk’s and surrogate’s offices of that county stand. Defendants, as heirs-at-law of John Buck, deceased, make claim that the recent removal of the county records from the buildings on the lot in question to the new county buildings has been operative to defeat the title of the county and vest an absolute title, as…
1Opinion of the Court
Beaming, V. C.
It is contended in behalf of the county that the language of the deed in question which relates to the use of the premises conveyed must be construed as a mere covenant; but I think it is entirely clear that the deed vests in the grantees a determinable fee. State v. Brown, 27 N. J. Law (3 Dutcher) 13, 20; 4 Kent Com. 10. A determinable estate may arise from and be dependent upon a condition, or it may be an essentially different estate arising from a limitation, the latter estate being sometimes called a conditional limitation. These two well-recognized determinable estates…
2Cases cited1 opinion
- Hooper v. CummingsSupreme Judicial Court of Maine · 1858
3Cited by13 opinions
- Chidester v. City of NewarkCourt of Appeals for the Third Circuit · 1947
- Wagner V. Wallowa CountyOregon Supreme Court · 1915
- Frensley v. WhiteSupreme Court of Oklahoma · 1953
- Carpender v. New BrunswickNew Jersey Court of Chancery · 1944
- Hagaman v. Bd. of Ed. of Tp. of WoodbridgeNew Jersey Superior Court Appellate Division · 1971
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