The American Decisions Volume 19; Cases of General Value and Authority Decided in the Courts of Several States (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 Excerpt: ...there would be no forfeiture? If so, provided there were 110 costs incurred, he would be obliged to see his creditors unpaid, and yet without the power to resume his estate; and that, too, notwithstanding the consideration was expressly that the grantee should pay. Not satisfied to rely on a covenant of the grantee to pay, he proceeds to convey the estate upon condition. It cannot reasonably be supposed that this primary object was intended to be impaired, by annexing the unimportant fact that costs must also accrue, but rather, that so particular and zealous wus lie to insure speedy justice to his creditors, and save himself from all disquietude on the subject, he adds a further condition, that no costs or expense be made. This, I understand, on a fair construction of the deed, to be of itself sufficient, and consequently subjecting the estate to forfeiture, on the breach of either condition. In this view of the subject, the plaintiff is entitled to judgment. The Foregoing Decision is Recognized As Authority, on the following points, iu the New York courts: That repugnant words in a covenant of warranty maybe rejected as surplusage: Sander v. BeUs, 7Wend. 289; that in the interpretation of deeds " and " may be construed "or," if such seems to be the intent of the whole instrument: Lomj Island 11. li. Co. v. Conklin, 32 Barb. 3S5; that a condition or reservation in a deed in favor of a stranger is void: Craiij v. Wells, 11 N. Y. 323; that on the death of a person hia land descends to his heirs as tenants iu common, and that the death severs their right to rent due upon a lease, and one of them may bring a separate action for the proportion due him, in Cruycr v. McLaury, 41 N. Y. 223; that where there is a grant in fee, on condition subse...