Board of Education v. Trustees of First Baptist Church of Normal

Citations

• 63 Ill. 204

Syllabus

<p>1. Deeds—construction of. In the construction of deeds, courts will always incline to interpret the language as a covenant, rather than a condition.</p> <p>2. Forfeiture by non-user. A deed of land to be used for church purposes only, but which provides that, if used for other purposes, a stipulated sum shall be paid in addition to the original consideration, upon which the title shall be absolute, with power to sell to other uses, does not create a qualified or determinable fee, but only a condition subsequent.</p> <p>3. Condition—how discharged. Such condition is discharged by payment or tender of the sum stipulated.</p> <p>4. Forfeiture—who may declare. A stranger can not take advantage of such condition, and the estate can only be defeated by the actual entry of the grantor or his heirs.</p> <p>5. Consideration—certainty. If the consideration be uncertain, or in the alternative, and if the intention of the parties can be ascertained from memoranda or accompanying writings, with reasonable certainty, this is all the law requires.</p> <p>6. Possession and use proves the ratification of a contract.</p>