Voris v. Renshaw

Citations

• 49 Ill. 425

Syllabus

<p>1. Deeds—containing condition against a conveyance within a limited period— construction thereof. Where the grantor in a deed, annexed to the grant a condition that the grantee should not convey the property, except by lease for a term of years, prior to a certain day named therein, and the grantee afterwards, and within the limited period, executed to a party a lease of the premises for 99 years, and also, at the same time, gave to him a bond for the conveyance of the property in fee, after the expiration of the limitation, and received from the purchaser the purchase price therefor: Reid, that these acts of the grantee were not prohibited by the condition, and hence worked no forfeiture of the estate.</p> <p>2. Same—condition' to avoid an estate—construed strictly. A condition to avoid an estate must be taken strictly. It cannot be extended beyond its express terms. And when a party insists upon the forfeiture of an estate under a condition, he must bring himself clearly within its terms.</p> <p>3. Fobfeitubes—not favored. The law does not favor forfeitures, but refuses to enforce them, whenever wrong or injustice will result therefrom ; and before a forfeiture will be enforced, a clear case, appealing to the principles of justice, must be established.</p>