Jones v. C. & O. R. R.

Citations

• 14 W. Va. 514
• 1878 W. Va. LEXIS 77

Syllabus

<p>1. Whether a condition contained in a deed is a condition precedent or subsequent, is a question of intention in the grantor, to be gathered from the whole instrument.</p> <p>2. But whether the condition be precedent or subsequent, if the act of the party who imposed the condition makes its performance impossible, or unnecessary, the condition is no longer binding, and the estate conveyed by the deed, in which it is contained, is discharged therefrom.</p> <p>3. A general verdict for the defendant in an action of ejectment, if warranted by the evidence, is proper; and no disclaimer is necessary to its validity, although much moi eland was described in the declaration, than the defendant had in possession at the commencement of the action.</p>