Lewis v. Lewis
Supreme Court of Connecticut
Action to recover possession of certain real estate and also $3,000 damages, brought to the Superior Court in Middlesex County and tried to the court, Ulmer, J., upon demurrer to the complaint; the court sustained the demurrer and thereafter judgment was rendered (Qase, •T.') for the defendants, from which the plaintiff appealed for alleged error of the court is sustaining the defendants’ demurrer.
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Action to recover possession of certain real estate and also $3,000 damages, brought to the Superior Court in Middlesex County and tried to the court, Ulmer, J., upon demurrer to the complaint; the court sustained the demurrer and thereafter judgment was rendered (Qase, •T.') for the defendants, from which the plaintiff appealed for alleged error of the court is sustaining the defendants’ demurrer. The allegations of the complaint material to this appeal are: “ 1. On August 28th, 1867, John Lewis, of the town of Westbrook, Connecticut, owned and possessed a certain tract of land in said town…
1Opinion of the CourtPrentice, J.
The defendants in this case, other than William I. Lewis, hold under him. It is not claimed that they have any other or greater rights than he, in whose shoes they stand, would have, had he made no conveyances. For convenience of expression, therefore, he will hereinafter be spoken of as the defendant.
The deed in question confessedly gave to the grantees who took under. it estates upon express condition. The conditions are clearly conditions subsequent.
As between conditions precedent and subsequent, the law favors conditions subsequent. 2 Washburn on Real Prop erty (6th Ed.), § 914. The…
2Cases cited7 opinions
- Finlay v. King's LesseeSupreme Court of the United States · 1830
- Lindsey v. LindseyIndiana Supreme Court · 1874
- Redman v. Ætna InsuranceWisconsin Supreme Court · 1880
- Underhill v. Saratoga & Washington Rail RoadNew York Supreme Court · 1855
- Chalker v. ChalkerSupreme Court of Connecticut · 1814
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3Cited by9 opinions
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- East Tennessee & W. N. C. R. v. GougeCourt of Appeals of Tennessee · 1947
- Pence v. Tidewater Townsite Corp.Supreme Court of Virginia · 1920
- Nearing v. City of BridgeportSupreme Court of Connecticut · 1950
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