Dugan v. Thomas
Supreme Judicial Court of Maine
On exceptions and motion to set aside the verdict by the plaintiff. Writ of entry to obtain possession of certain real estate. in Medford. Plea, general issue. The opinion states the case presented by the exceptions. Forfeitures for condition broken are not favored by the law. 1 Washburn, Peal Property, title "Estate upon condition.”
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On exceptions and motion to set aside the verdict by the plaintiff. Writ of entry to obtain possession of certain real estate. in Medford. Plea, general issue. The opinion states the case presented by the exceptions. Forfeitures for condition broken are not favored by the law. 1 Washburn, Peal Property, title "Estate upon condition.” Conditions subsequent, especially when relied upon to work a forfeiture, must be created by express terms or clear implication, and are construed strictly. Merrifield v. Oobleigh, 4 Cush. 178; Bradstreet v. Clark, 21 Pick. 389 ; Ludlow v. Harlem, R. 12 Barb. 440.…
1Opinion of the CourtPeters, C. J.
This is a real action between a son and father, another' defendant being coupled with the father, where the question involves the right of possessing a homestead which the father conveyed by a conditional deed to the son to secure a life support. The son claims that he has by his deed a right to the possession, and the father claims that the right which the son had has been forfeited for condition broken.
An exception is taken, that the judge said to the jury that the burden to show forfeiture was on the plaintiff (the son), when he meant to say defendant instead of plaintiff. It is too late…
2Cases cited1 opinion
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