The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-01
United States Circuit Court.
Before Judges Nelson and Bettl


Nor so-Abijah Brolcn, against Henry T. schoonmaker
This Is an ejectment 70 l,t $50 the
The case wa argued at the last september term of this
court. After fob Consideration the court hold,
That the deed from John son,ers to Jacobs Arden
bis heirs and assigns dated the oath September 1905
and which included the premises in question: ccprding
to its true construction, and legal effect operated
conveyance in Zee to the said j. s Arden the grantee
he word heirs in the deed being used as word Of
limitation to determine the nature and quantity OF
interest Intended TO be conveyed; and that the term
we not used as word Of purchase ~ specific
designation ~ certain individuals who were to take
as grantees In the Deed and that II the deed
fperate as conveyance In Zee j. s. Arden, IL
lot operate a. all TO construe the wood hsirs"
O word Of purchase, and descriptive Of the grantee
to the decd hat would be passing The estate by
lion to class 1T whether they be the heirs II j.
Arden at the time Of the deed his heirs 1t the time
OF his death, not wi,bin but, entirely outside Of tue in
tent Of the ad parties The aforesaid Iced of j. Souers
tos. s. Arden berg conveyance with warranty opera
Ted BY way Of Esppe aeains, the gantor and all those
climbing he prem under him. and NJ the same time
Ia favor Of be grantee and all pers,ns coming into the
premises under him. and this although present inter
sumo lint 10 the grantee And, thai, ~ tine
event happened which the devise to j. Somers,
npder the will Of the Elder Arden: took effect and
the title, thereby accrued to him, the
Zee in the deed operated TO carry the estate
in increet 70 the subsequent purchasers of the pre-
mises from J. :. Arden. That the time when the
event may happen upon which estate inters may
accrue TO the Hrantnr in deed q warranty does not
css ne % 2, the aeea 10, the gsstse and
crested by the warranty against the gransor, and all
claiming under him til the happens after the
event happens whenever that be by which the
TILE comes TO the gantor, II Immediately nure. the
benefit OF the grsptee his assignee and the
tate in interest J. s. Arden and his a<signees, there
fore held the PREMISES in question against Somers and
all persons claiming under him by virtue OF the sstoppe
under he deed II Gath september, 1905 and Ii April
ls.A, when upon the death Of Arden the event hap.
psned by which the title 70 Somers under the DO
vise over spd then Injured 10 and became vested in
den's assignee On the happening Of this ths
ctpel worked upon the estate and passed the title :,
Robert Bunter The purchaser under the mortgage from
Arden and wife and Rachel Arden. the widow 10 james
Rootveit, the Goth April, 1909. The defendant DO
rives his title from ssid Hunter.
Ac ,ordpg 10 the decision VI the Court OF Appeals
the highest court IN the state o. New YORK in the Of
Lott vs.. WycksG e Cemstock 1851 Affirming the judy.
ment Of the below In the sane case j. s. Arden
took fee simple absolute ia the ecires under the wi,
II Jacob Arden his faher and h e. under the Law IL
New York, which Il she rule Of decision Ia this court
upon titles to real properly the defendant has dexed
complete Title TO the premises under the sfrcssi mort
gage TO j. Roosevelt. Judgment for the defendant
In the eio~ipg suits brought hy the save plain az
against other parties the de i-ion IL the sane:-
Atyoh Bronn ~. jams fsi,y; Tie Same r. r. WHIT;
The Same rs William ~. johnson The Same us 7aoaas
Adds Emmett and al Judgment for the defendant in sn
bese cases,