Legal Opinion

Norton v. Valentine

Appellate Division of the Supreme Court of the State of New York

Decided June 7, 1912PublishedCited by 7 opinions

Appeal by the defendant, Benjamin E: Valentine, from a judgment of the Supreme Court in favor of the' plaintiff, entered in the office of the clerk of the county of Queens on the 10th day of March, 1911, upon the decision of the court rendered after a trial at the Queens County Special Term.

1Opinion of the Court

Hirschberg, J.:

The judgment appealed from is in equity, canceling deeds of certain real estate for the violation of a condition subsequent, and the facts are undisputed. The plaintiff, the owner and in possession of the property in question, on the 23d day of October, 1893, conveyed it to one of the defendants, George W. Schiverea, for a nominal consideration. The sole purpose of the conveyance was contained in the habendum clause, as follows: “To have and to hold the above granted premises unto the said party of the second part, his heirs and assigns forever, for the use and purpose of a…

2Cases cited1 opinion

  1. Hosford v. . BallardNew York Court of Appeals · 1868

3Cited by7 opinions

  1. Allen v. Trustees of Great Neck Free ChurchAppellate Division of the Supreme Court of the State of New York · 1934
  2. Salt Lake City v. StateUtah Supreme Court · 1942
  3. Van De Bogert v. Reformed Dutch Church of PoughkeepsieNew York Supreme Court · 1926
  4. Forsgren v. SollieUtah Supreme Court · 1983
  5. Trustees of Calvary Presbyterian Church v. PutnamNew York Supreme Court · 1927

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