Willard ex rel. Olcott v. Henry
Superior Court of New Hampshire
Where the condition of a deed has been broken, the estate is not forfeited, unless tiie grantor re-enter : or, if already in possession, claim to retain, it for condition broken- This claim may consist of acts,or of words, or of both ; but must amount to distinct notice of an intent not to waive the forfeiture. What acts rebut such an intent. This was a writ of entry.
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Where the condition of a deed has been broken, the estate is not forfeited, unless tiie grantor re-enter : or, if already in possession, claim to retain, it for condition broken- This claim may consist of acts,or of words, or of both ; but must amount to distinct notice of an intent not to waive the forfeiture. What acts rebut such an intent. This was a writ of entry. The demandants counted as heirs at law on the seisin of their father within the last twenty years ; and, at the trial here in May, A. D. 1819, under the general issue, the following facts appeared in evidence. On the 19th of…
1Opinion of the CourtWoodbury, J.
The parents of John Henry being dead, the demand ants are at all events entitled to recover a moiety of the premises ; for the condition in relation to half of them, whatever may have been its validity, and however it may have ln.cn broken, was not to operate after their decease.
In respect to the other moiety, the condition was clearly broken, bn! no attempt was made to prove a re-entry or express claim to the premises for that cansp.(t) Co. Lite si8' (212Mas*. Sne'Town-send. (3) 14 John, 124 — li ditto Rep. 75, Rob-gin! Wl§
The demandants, therefore, can recover that moiety, also, if such…
2Cited by2 opinions
- Gould v. WhiteSuperior Court of New Hampshire · 1852
- McNeil v. CallSuperior Court of New Hampshire · 1849