Minard v. Delaware, L. & W. R. Co.

Citations

• 139 F. 60
• 1905 U.S. App. LEXIS 4668

Syllabus

<p>1. Deed — Consteuction—Covenants—Conditions.</p> <p>In an action in ejectment, brought by a grantor to recover possession of land, because certain provisions in his deed, alleged to be conditions . subsequent, had been violated by the grantee’s assigns, held, that whether the provisions of the deed referred to are covenants or conditions is to be ascertained by a construction of the entire deed for the purpose of ascertaining therefrom the intention of the parties, and this regardless of the technical meaning of the terms employed; and that, if it appear doubtful whether the terms used import covenants or conditions, courts of law always incline to construe them to be covenants, in order to avoid a forfeiture of the estate.</p> <p>[Ed. Note. — For cases in point, see vol. 16, Cent. Dig. Deeds, §§ 469, 471, 472.]</p> <p>2. Same — Clause of Reveetee.</p> <p>Held, also, that where, as in this ease, a clause of reverter was found in the deed, it would, in order to give it effect, control the construction of the deed to the extent of making the undertakings of the grantee, so far as the same were included in the reverter, conditions subsequent, rather than covenants.</p> <p>[Ed. Note. — For cases in point, see vol. 16, Cent. Dig. Deeds, § 471.]</p> <p>3. Same — Breach by Geantee.</p> <p>Held, further, that the admitted breaches of the.grantee’s undertakings in this case were not embraced in the reverter, and that, inasmuch as it included some of the undertakings of the grantee, such undertakings as it did not include must be construed to be covenants.</p> <p>(Syllabus by the Court.)</p>