Moore v. Sharpe
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; 1. The condition in the deed was subsequent and not precedent, and there -only remained to the grantor a right of entry upon the breach which cannot be assigned to a third party, and a conveyance to a third party cannot work a forfeiture. 145 Fed. Rep. 296, 301; 97 U. S. 693; Tiffany, Mod. Taw, Real Prop. § 751 Warvelle, Real Property, 51; Goodwin, Real Property, 39; 2i Wall. 63; 33 Fed.
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Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; 1. The condition in the deed was subsequent and not precedent, and there -only remained to the grantor a right of entry upon the breach which cannot be assigned to a third party, and a conveyance to a third party cannot work a forfeiture. 145 Fed. Rep. 296, 301; 97 U. S. 693; Tiffany, Mod. Taw, Real Prop. § 751 Warvelle, Real Property, 51; Goodwin, Real Property, 39; 2i Wall. 63; 33 Fed. Rep. 693; 50 Ark. 141. 1. The condition is precedent, and, the railroad never having been built, the estate never vested. 3 Ark. 259; 26 Id. 628; 72…
1Opinion of the CourtMcCueeoch, C. J.
This action was instituted by plaintiffs, Alberta J. Sharpe and Augustine Boice, against J. R. B. Moore in the circuit court of Phillips County to recover possession of forty acres of land situated in that county. The plaintiffs recovered judgment below, and the defendant appealed.
Each party deraigns title from the same source, viz., from Edmund McGehee, who owned the land at the time of his death during the year 1865 under a patent from the State of Arkansas. The plaintiffs claim title to the land under a deed executed in 1881 by the widow and devisees of- Edmund McGehee. The defendant…
2Cases cited10 opinions
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- Beauchamp v. BertigSupreme Court of Arkansas · 1909
- Young v. YoungSupreme Court of Virginia · 1893
- Carrington v. GoddinSupreme Court of Virginia · 1857
- Wilson v. LaughorneSupreme Court of Virginia · 1904
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3Cited by21 opinions
- Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
- Phipps v. Boise Street Car Co.Idaho Supreme Court · 1940
- Gurdon & Fort Smith Railroad v. VaughtSupreme Court of Arkansas · 1911
- Beasley v. ShinnSupreme Court of Arkansas · 1940
- Jaber v. MillerSupreme Court of Arkansas · 1951
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