Southwick v. . New York Christian Missionary Society
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 21, 1912, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action of ejectment.
1DissentMiller, J.
(dissenting.) The plaintiff brought this action in ejectment claiming, , as heir of Laura 0. Selleck, the right to re-enter for breach of a condition subsequent contained in the latter’s deed in 1861 to “trustees in trust of the Methodist Protestant Church of Fredonia and their successors in office.” The premises conveyed consisted of a lot 100 feet by Y5 feet in the village of Fredonia. The deed recites a consideration of $300. The grant is to “ the said party of the second part and to their successors and assigns forever. ” Following the description are the words:
“ The above described land…
2Cases cited10 opinions
- Post v. . WeilNew York Court of Appeals · 1889
- Craig v. . WellsNew York Court of Appeals · 1854
- Graves v. . DeterlingNew York Court of Appeals · 1890
- Fowler v. . CoatesNew York Court of Appeals · 1911
- Woodworth v. . PayneNew York Court of Appeals · 1878
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