New York Court of Appeals
Nicoll Against the New-York and Erie Railroad Company
December 5, 185412 N.Y. 121
Summary
The Court affirmed the lower court, holding that the Hudson and Delaware Railroad Company received a fee simple subject to a condition subsequent, that Dederer retained no assignable interest at the time of the plaintiff's deed, and that no forfeiture had occurred. The decision rests on statutory interpretation of fee conveyances and the nature of conditions subsequent.