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.