Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1886-05-16

~ aanBs in uhinh Is il cnnxtrnad 81 sha
e1rapangs Crn1g h4d and be- the
poWer - dzciaFa 8 f1leitufe. ISIS GA
rs3ed lsas nader a asonzr2a enn 40 ans
ana Al aeE8 an3 ftfn0a n5edfz3 end
necezaFy % insaHs : spoedg eEraplelioa
a. ~ road Gannzass Il Eba eo1e ans
eEolasfrs fndre II wnzlhaF The read les
a. any afE1e. - p1ia4 q tac&, been eonn-
pie6sIl; mnd Il not vital Eamadlg sn91ia
s. arpiind. Ths TemsdF q f0EfailuEe
= farIudsd uizhin 80 Renernz power
roauEHnd- 1he read Is. IL fact, uneom-
rIeted % thfs day. QonQress aan nov,
b siEtne Of that EeFy TesaREAkiau, %
afranncusIy insisted apon ~ tha CON
raug g protoelina ne grant. dsclaxe
fhs same f1xfel1ad and Ieose& 30 tbs
publio dnmain. AiQht not he foxfeiturs
% the grant ID sac hnnds of tbs oom-
panF and sho consequent cEak8i1n 81 a.
opcn ted for equal eompe&Iffon best
eondnoz - fbe apesdy, uiain1ats con-
plefion 81 TIE entire linef Il ConRresa
% v5eWa fAe matter. there ozn " No
donht 81 Is poNeF 70 dsalarg the for
feiturs undsr the verg CLAUSE Of the
cot relied zpon b lhs cempang for iis
pE01sotion.
VIZ w. 49, N.4NAAAAA - H+NANA -
Unz o8zEInRnEn.
Certain other considerations hape
bean pressnted % year oommittee. 80
/ objections to declaring q forfeiture,
/ uhish ne deem Il proper % notioe.
RizBt. Il e aFRned that Congress hax-
/ inR By the Joint resolution ok May 81,
/ 1870, fl6 Ssaf., s78) authorized the SON.
pany 10 issue b1noa and exsouks mort
/ gage upon 10 property and franchises
/ cannot nov do an act b. which the in
/ tafests Of the b0ndholdaks, o. otheEs
/ claiming under tho mortgage, win b
/ iniuFiouslg alIeE1sd.
The argument h plausible, but not
sound. Il II correct IA theorf but falla-
ofous a. applied % tie facts Of the case
under consideration. ft Fesia upon The
/ false assumption thai Congress author
| ixsd Z mortgage Of the unconditional
/ fee, whereas Il did nothing Of She kind.
Il permitted q mortgages Of the
property and rights Of property Of all
kinds and descriptions Of ne COM
pany.
The property and rights Of property
balnnainR TO the company, 50 far a. ifs
/ lands were concerned, vas not the abso-
lutte, unconditional fee. Il vas the fee
charged With the condition aubseQoent.
That vas the estate, and the only estate.
/ whiah the company owned or which if
wa authorized 20 mortgage. The mort
gage took the estate Is Il vas. charged
with the condition. IL ne breach co
CURED. the estate haoame absolute, upou
breach the lorfeitnrs suuld be enforced
AGAINST khe mortgages as well as the
mortQaQor. Congress 81 tie Joint rsso-
luton did not enlarge the grant; Is sim
pig gave ita assent 10 q mortgage Of the
grant &c Is stood.
The mortgages took with his eyes
opan; feesivsd defeasihIe estate, thu
eharaeteT Of Which be IL presumed q
have known; and be simply stands In
his erant0r's shoes as respects The
lqusstion Of forfeiture. This is well
settled.
In TouchssOns, at page 10. IL is thus
teraely stated:
"And IL be that hath the estate grant
or charge ID, Il viii Be subject TO the
condition still; for lhe condition dotk
always attend and wait upon the estate
OF thing whsreunto Il IL annexed; 50 thai
although che same do pass through the
hands Of an hundred men, yet it Il sub
ieot 20 the condition still.
And aRain, At page l54:
It 10 generally true that be that d0tk
onief for 9 condition broken doth MAXI
che estate void ab fnftie, and that he shal
BE- 10 Of his first estate In the same
course and manner as Il was when b
departed With the possession and az Tia
time OF the making Of the condition
And hence if IL that, II there be ans
charge or enoumbFancs on the lands, a
II NE lessee Of land upon oonditiof
grant rent charge out Of the land ui
enter int statute or Feooguizance anf
the oonrsee has the land Ia execution
and this charge Is after the condition ii
made. ID this case when the condition i
broken and the party doth Fe-enfer, b
shall by relation avoid the rent, statute
and 4eooanizanes, aud hold the land
freed from them al. =
Grsenleaf's Cruise on Real Property
/ (vol. 2, pp. -, 81 thus refers - 10
lqueslions
where q person enters Tor copdi
ton broken the estate becomes void al
fHffio, the person who enters ID again
seized Of hia original estate IN tia sans
manner as II be had nsvsF conveyed 4
away. And an She entry Of Tire feeffel
on the fe0ffee for q condition. broken
defeats theestaie 20 which the condition
Twas annexed, 90 il defeats ell rights and
incidents annexed 70 that estate, to
eathef With all charges and incum
branoeg created By She feoifee during his
possession; foF upon ths entry Of tia
feoffer be becomes seized Of an estate
paramount 20 thai which was subject "a
these uhaFRsss
| Waahhurn on Raai Property (Eol 2, 3.
| II, marginal page i5l) SAYS;
when such entry had been made The
effect vas 20 reduce The estate 20 the
laame plight, and 10 caass Il 20 be held
IN the same terms aa II ths estate 20
which tbs condition was annexed had
not been granted"
And Kent (vel. 4, .. 1851 thus states
the same principle:
Psgsoas Who have en- estate OF ffes.
hold sabiset 70 condition are seized
and may eenvey, though The estate will
eoatinue defsasible until the condition
BE- performed % released, o. IL barred
~ The statute Of Limitation 81 By e.
TOPPED
II FoxcsOss ". MaElst a How, SID
the Supreme Court Of she United States,
speaking directly upon this very quss-
tion, arising upoa 9 mortgage Of an
ealhsa upo1 eondision Subsequent, Say;
The oondiffan, OF charge, vas an The
land "a en- inonmhrancs By the very
terms Of the deed 10 him, aDd be could
Dot, Il be tried convey q title 30 the
land which should be free from Il. Such
. coalition attaches % the land wher
ever it goes. although the same should
pam through z hunatea banda. Ia our
vieu il operates like q covenant which
tana With the land, and ell assieuaes are
bound bg eoseBants real that run with
the landN
30. IN The cass under couaidarAaion.
TIE mortgages took oniy the title of ths
moFtgaRof charged with is dafeaail,is
quality. IL shs language Of the SUI
pssme ConFt. the murteaQor could not,
II BE tried. convey 9 title 10 tha iaRd
which wonid Be free from fhe charge.
The bondholdeFe ana others ciaimina
under The mortgage simply stand In fhe
ahoea Of the company. They could not
and did ne4 take any greater OF better
estate than their REantor held, and Ehas
waa AZ estate sabisct 10 farfsitare for
eosdition broken.
We hays been furnished with no an
thoftt3ea eontafnina q contrary via1 Of
this qaeslioa, and We believe thai nans
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