Case Submitted by Lucian Minor, 16 February 1830

Case submitted by Lucian Minor 16 Feb. 1830

A deed converging a lot of 40 acres in or near a in-Cage (?) (designed only by grantor) has after the word of conveyance and description, these and

"And whose condition that the [grantee] shall [?] and restricted from the privilege of [?] the laid tenement or any part of it, as a merchant, grocer, or tavern - keeper of any kind so have [?] to hold the 40 acres with all the privileges [?] there to belonging (with the reservation under the restriction aforesaid) to him the said [granter], his heir forever" - Afterwards warranting [?] "the land and promises (with the reservations and under the restriction aforesaid) to him the said [granter] his heir forever."

The granter has sold it, that vender has also sold it. The grantor has also sold the the adjoining property to which he meant to ... the monopoly -

1. What is the nature of the reservation - a condition, or a covenant?

It is clearly a condition, 'on condition' being precisely appropriate to that end - 27th Co Lit. 4. (fol: 201-202, & 203 - Littletein [?] .328) - Bae. ab. Condition (A). in its validity - afforded by the deeds being indented [?], for though the latter in man..[??]

2. So is it good condition?

I apprehend that it is - a condition to ownership cannnot in be annexed to a [?] estate. But it is not considered after[?] grant to inhabit alienation to a single person by name, because [?] it does not take among all learn[?] of alienation from the sender. 2 Co Lit. 27 (fol. 223. Lit. 361). - nay[?] a condition infiltrating alienation to every [?]save a [?] of [???] - or their children - (in a will) in the being of {?] may enter for a header. Don d. Gill v Pearson 6 East [?] 173. So also 1 Lom. Dig. 264.

The principle of the illegality of conditions [?] confirms this confusion. [?] principle is that is is absurd that be that hath no [?] - to have the land revert to him - restrain [?] his [?] in for simple full his [?] to alien, and also it [?] this..of traffic - 2 Ne. Co. Lit 26 (fol. 223a). - On this the alien has an interest still equivalent to a [?]

nor is the condition unlawful being a regulation or qualification, that a prohibition [?] within the analogy of contracts [??] within certain limits. 27th Co. Lit. 24 in. (P).

3. Does the condition bind the granter's [?] ?

I think the deed, taking the whole together, imparts that neither the granter nor his [?] shall [?] the condition -

4. Is it for the benefit of the granter's [?]?

I..[??] none can have a any benefit of a condition broken saw the grantor this being, Lit. 80-87. (fol. 213. Lit. 348) - 84-5 (fol. 214, Lit. 347) Lom. Dig. 263.

5. What [?], in there for [?] of the condition?

Re-Entry by grantor or his heirs, who are thereupon [?] a for the conveyance of the condition being [??] when the granter this 2 Va. Co Lit. 87 (fol. 218 Lit. 345).

6. If considered as a covenant, are granter to bound by it?

The principle in sentit commodum, sentire debit [??] - whom this principle where [???] by deed in were..[???] two leaded the deed, but the third entered, he was held [?] in a [?] of covenant, the leading of this. - 2 Va. Lo. Lit. 230, n(1). So a[?] of land with a legacy, ... [end is hard to read here]..