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President of the Lincoln & Kennebeck Bank v. Drummond

The President, Directors and Company of the Lincoln and Kennebeck Bank versus Alexander Drummond

President of the Lincoln & Kennebeck Bank v. Drummond, 5 Mass. 321 (1809)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
June 15, 1809
Judges
Parsons
Citations
5 Mass. 321
Headnotes
Where one conveyed an estate upon a condition to be thereafter performed by the grantee, and the grantor continued in possession, he need not make a forma: entry for the condition broken, and the fee remains in him without entry.
Summary
The plaintiffs demanded seisin and possession of a tract of land described in the writ, lying in Georgetown, in this county, and declared that one John Drumnond, being seised thereof in his own demesne as of fee, on the 27th of June, 1803, by his deed of bargain and sale, and of mortgage, duly executed and recorded, for a valuable consideration, conveyed the same to the plaintiffs, to hold in tee and in mortgage, by force whereof they became seised. &c., and ought to be in the possession thereof; but the said Alexander had unjustly entered into the same, and ousted the plaintiffs, and deforced and keeps them out, &c.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Parsons

Text extracted by OCR from a scanned original; check the original for exact wording.

The cause stood over for advisement to this term, when the opin ion of the Court was delivered by Parsons, C. J.

The action is entry upon disseisin against the tenant as disseisor. On not guilty, a verdict was found for him, subject to the opinion of the Court upon the report of the judge.

. From the facts reported it is manifest that the estate conveyed by Alexander to John Drummond was an estate upon condition, and that the condition has been broken.

[ *324 ] * Generally the grantor of an estate on condition must enter for condition broken, to revest the estate in himself. But when he is in possession already, and cannot enter, the estate shall revest in him on the breach of the condition (1) . In this case it is found that the tenant always continued in possession, living in the house: he could not therefore enter, and without entry the fee of the estate is in him. He cannot therefore be considered at law as a disseisor, and the verdict must stand.

How far an estate upon condition to be void; unless some further act be done by the grantee, is a mortgage within the statute of 1798, c. 77., so that this Court can in equity relieve the grantee, or his heirs or assigns, against the breach of the condition, or whether we can only relieve the grantor on condition and these claiming under him, may be determined hereafter, if the demandants should be advised to apply by bill to the equitable jurisdiction of the Court.

Co. Lit. 218. § 350.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1836–1837: 11852–1853: 11860–1861: 11866–1867: 11868–1869: 11876–1877: 11950–1951: 11966–1967: 118362026peak 1836 · 1

Relies on it most ⓘ

  1. Hubbard v. Hubbard97 Mass. 188 (1867)
  2. Harmon v. State Roads Commission217 A.2d 513 (Md. 1966)
  3. Rogan v. Walker1 Wis. 527 (1853)
  4. Akasu v. Power91 N.E.2d 224 (Mass. 1950)
  5. Clark v. Holton57 Ind. 564 (1877)
  6. Taylor v. Cedar Rapids & St. Paul Railroad25 Iowa 371 (1868)

Most recent

  1. Harmon v. State Roads Commission217 A.2d 513 (Md. 1966)
  2. Akasu v. Power91 N.E.2d 224 (Mass. 1950)
  3. Clark v. Holton57 Ind. 564 (1877)
  4. Taylor v. Cedar Rapids & St. Paul Railroad25 Iowa 371 (1868)
  5. Hubbard v. Hubbard97 Mass. 188 (1867)
  6. Rollins v. Riley44 N.H. 9 (1860)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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