Spofford v. True
Supreme Judicial Court of Maine
On facts agreed. Trover. The statement presents, in substance, the following facts: — The plaintiffs were proprietors of a township of timbered land. They conveyed it to ffm. McCrillis, his heirs and assigns, to be paid for at several successive periods, and upon a condition, that the conveyance should be void, if such payments should not be made.
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On facts agreed. Trover. The statement presents, in substance, the following facts: — The plaintiffs were proprietors of a township of timbered land. They conveyed it to ffm. McCrillis, his heirs and assigns, to be paid for at several successive periods, and upon a condition, that the conveyance should be void, if such payments should not be made. The grant reserved, toward payment of the purchase money, a lien of five dollars upon each thousand feet of the lumber which he should take from the tract, and authorized timber to be cut subject to such lien. McCrillis made a contract with Haynes &…
1Opinion of the CourtTenney, J.
— The condition in the conveyance from the plaintiffs to McCriilis, is subsequent; the fee in the land, therefore vested in the grantee on the delivery of the deeds. There has been no re-entry for the forfeiture, on account of the breach of the condition; and so far as our consideration is demanded in this case, we must regard the forfeiture as waived for the present, and the title to remain as it was at the time of the conveyance. 1 Shep. Touchst. 118, and seq.; 4 Kent’s Com. Lecture 56.
The deeds convey the land to the grantee, his heirs and assigns. They give the right to cut timber, with…
2Cases cited1 opinion
- Hesseltine v. StockwellSupreme Judicial Court of Maine · 1849
3Cited by8 opinions
- Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
- Laird v. MoonanSupreme Court of Minnesota · 1884
- Merrigan v. EnglishMontana Supreme Court · 1889
- Barrett v. MillikanIndiana Supreme Court · 1901
- Chicago Lumber Co. v. NewcombColorado Court of Appeals · 1903
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