Smith v. Barrie

Cooley, O. J.

This case has once before been in this-Court, and is reported under the title of Barrie v. Smith, 47 Mich. 130. The suit is brought to take advantage of the breach of a condition subsequent contained in a deed from the plaintiffs, Smith, Kelly and Dwight to Albert M. Hilton and Hamilton Turner, of lot 5 block 21 of the village of Otsego Lake bearing date June 10, 1879. The condition is as follows:

“ Provided always, and this conveyance and the estate in said premises hereby created is subject to the express condition, that if the said parties of the second part, their heirs or…