Fowler v. . Coates
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 11, 1908, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts,.so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 11, 1908, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts,.so far as material, are stated in the opinion. The condition subsequent attempted to be created by and in West, as trustee, and vested in him by the deed from him to Conover of May 23, 1901,. whereby a forfeiture was to be incurred unless said premises were used as specified for ten years, so 'far as the real…
1Opinion of the CourtGray, J.
This action was brought to remove, as a cloud upon the title of the plaintiffs, a mortgage held by the defendants upon certain real estate described in the complaint. The ground of the complaint is, in substance, that the mortgagor’s title was upon condition; that it had been forfeited for failure to perform the condition of his deed and that the plaintiffs had become vested with the former title and could take advantage of the breach of the condition. It appears that, in April, 1901, a number of the inhabitants of the village of Low-ville, in this state, by popular subscription, raised…
2Cases cited1 opinion
- King v. . TownshendNew York Court of Appeals · 1894
3Cited by29 opinions
- Alamogordo Improvement Co. v. HennesseeNew Mexico Supreme Court · 1936
- Scheller v. Tacoma Railway & Power Co.Washington Supreme Court · 1919
- People v. . WainwrightNew York Court of Appeals · 1924
- City of New York v. Coney Island Fire Department of GravesendAppellate Division of the Supreme Court of the State of New York · 1940
- Straw v. MowerSupreme Court of Vermont · 1925
24 more not listed; retrieve them via the Exa API.