Legal Opinion

Ellis v. Kyger

Supreme Court of Missouri

Decided October 15, 1886PublishedCited by 20 opinions

Appeal from, Johnson Circuit Court. — Hon. N. MGtivan, Judge, (1) The third instruction for defendant should have been refused and the second for the plaintiffs given. The ancient common law rule that only the grantor or his heirs can enter for forfeiture of condition broken was abrogated by statute 32 Henry VIII., which is common law in this state. Coke on Litt. 215a; Hamilton n. Kneeland, .1 Nev. 40; 4 Kent’s Com., s. p. 126; 2 Cruise’s Dig., p. 4, sec. 16; 2 Scrib.

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Appeal from, Johnson Circuit Court. — Hon. N. MGtivan, Judge, (1) The third instruction for defendant should have been refused and the second for the plaintiffs given. The ancient common law rule that only the grantor or his heirs can enter for forfeiture of condition broken was abrogated by statute 32 Henry VIII., which is common law in this state. Coke on Litt. 215a; Hamilton n. Kneeland, .1 Nev. 40; 4 Kent’s Com., s. p. 126; 2 Cruise’s Dig., p. 4, sec. 16; 2 Scrib. Dow. [2 Ed.] 776; 3 Wait’s Act. and Def. 70. The reason for the ancient common law rule has ceased and the rule itself should…

1Opinion of the Court

Black;, J. —

This is a suit for the assignment of dower. One of the plaintiffs, Polly Ellis, and her former husband, Isaac Jacobs, on the thirteenth of November, 1859, conveyed to Frederick Billum, in trust for the Pacific railroad, a parcel of land twelve hundred and sixty-seven feet in length by an average width of *605five hundred feet. The deed recites that it is made “upon the condition that if the Pacific Railroad Company shall not construct the said railroad through said tract, or if, when constructed, they shall not establish a freight and passenger station upon said tract, then the…

2Cases cited5 opinions

  1. Cowell v. Springs Co.Supreme Court of the United States · 1879
  2. Plumb v. . TubbsNew York Court of Appeals · 1869
  3. Memphis & Charleston Railroad v. NeighborsMississippi Supreme Court · 1875
  4. Kenner v. American Contract Co.Court of Appeals of Kentucky · 1872
  5. Knight v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1879

3Cited by20 opinions

  1. Thomas v. WoodsCourt of Appeals for the Eighth Circuit · 1909
  2. Klocke v. KlockeSupreme Court of Missouri · 1919
  3. Haydon v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
  4. Studdard v. WellsSupreme Court of Missouri · 1894
  5. Catron v. Scarritt Collegiate InstituteSupreme Court of Missouri · 1915

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