Legal Opinion

Fuller v. Arms

Supreme Court of Vermont

Decided February 15, 1873PublishedCited by 8 opinions

Appeal from, tho court of chancery.: Tho bill set forth that John Arms, the defendant, on the 17th day of August, 1858, conveyed to Roswell G. Shurtliff, by warranty deed, tho land in question, situate in the village of Bellows Falls, describing it by metes and bounds, “ conditioned that no building or erection is ever to be made on said land, except a dwelling-house and out-buildings. for the same, or such other buildings and erections ,as would not affect the rights,…

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Appeal from, tho court of chancery.: Tho bill set forth that John Arms, the defendant, on the 17th day of August, 1858, conveyed to Roswell G. Shurtliff, by warranty deed, tho land in question, situate in the village of Bellows Falls, describing it by metes and bounds, “ conditioned that no building or erection is ever to be made on said land, except a dwelling-house and out-buildings. for the same, or such other buildings and erections ,as would not affect the rights, privileges, and interests of said Arms, or his heirs or assigns, to a greater degree than a dwelling-house and out-buildings…

1Opinion of the Court

The opinion of the court was delivered by

Wheeler, J.

The clause in the deed out of which the questions made in this case arise, is in that part of the deed technically called the premises, and is a part of the description of the *407estate, or interest, which passed by the deed to the grantee, in the land covered by the deed. The word conditioned, used in that clause, does not signify that the whole estate in the land passed to the grantee, to remain there if the condition should be complied with, and to revert if it should not; nor is it a covenant, merely, that the grantee will abide by the…

2Cited by8 opinions

  1. Johnstone v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1928
  2. McDonough v. WW Snow Construction Co., Inc.Supreme Court of Vermont · 1973
  3. Clapp v. WilderMassachusetts Supreme Judicial Court · 1900
  4. Eckhart v. IronsIllinois Supreme Court · 1889
  5. Flaten v. MoorheadSupreme Court of Minnesota · 1892

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