Legal Opinion

Plumb v. . Tubbs

New York Court of Appeals

Decided December 5, 1869PublishedCited by 37 opinions

Appeal from a judgment of the General Term of the Supreme Court, in the eighth judicial district, affirming a judgment for the plaintiff at the Cattaraugus circuit. This was an action of ejectment to recover the possession of land on account of the breach of a condition subsequent in a deed from the plaintiff, dated August 14th, 1857. The deed conveyed the land in question to the defendant in fee, in consideration of $100, and contained a covenant of quiet enjoyment.

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Appeal from a judgment of the General Term of the Supreme Court, in the eighth judicial district, affirming a judgment for the plaintiff at the Cattaraugus circuit. This was an action of ejectment to recover the possession of land on account of the breach of a condition subsequent in a deed from the plaintiff, dated August 14th, 1857. The deed conveyed the land in question to the defendant in fee, in consideration of $100, and contained a covenant of quiet enjoyment. After the Tiabendvm is the condition, “ Provided, always, and this indenture is made upon condition, that the said party of the…

1Opinion of the Court

Hunt, Ch. J.

The appellant contends that the condition in the deed from Plumb is invalid, as being repugnant to the nature of the estate granted. He cites authorities to the effect, that a condition annexed to a devise or conveyance in fee, that the devisee or purchaser, shall not alien, is void; that a condition that the feoffee shall not enjoy the land or take the profits, is void, and others of a similar character. The cases cited have been recognized as sound law from a very early period, and may be conceded to be based upon sound principles. Wherever the condition in a deed is unlawful,…

2Cases cited2 opinions

  1. Hosford v. . BallardNew York Court of Appeals · 1868
  2. Collins Manufacturing Co. v. MarcySupreme Court of Connecticut · 1856

3Cited by37 opinions

  1. Cowell v. Springs Co.Supreme Court of the United States · 1879
  2. Trustees of Union College v. City of New YorkNew York Court of Appeals · 1903
  3. Isaacs v. SchmuckNew York Court of Appeals · 1927
  4. Munro v. Syracuse, Lake Shore & Northern RailroadNew York Court of Appeals · 1910
  5. O'Brien v. WetherellSupreme Court of Kansas · 1875

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