Board of Education of Union Free School District No. 1 v. Long
This text of 268 A.D. 1053 (Board of Education of Union Free School District No. 1 v. Long) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Submission of a controversy under sections 546-548 of the Civil Practice Act. The question is whether or not the following clause in a deed creates a condition restricting the use of the land, and for that reason the grantee’s title is unmarketable: “ The said property hereby conveyed being intended for school purposes and being conveyed by said party of the first part upon that understanding ”. The quoted clause is construed as a mere recital of the purpose of the conveyance of the land, and it was not intended and was not sufficient to impose a condition upon the grantee’s estate. Judgment of specific performance is unanimously directed in favor of plaintiff, without costs. Present — Close, P. J., Carswell, Johnston, Adel and Aldrich, JJ.
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Cite This Page — Counsel Stack
268 A.D. 1053, 52 N.Y.S.2d 323, 1945 N.Y. App. Div. LEXIS 5465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-of-union-free-school-district-no-1-v-long-nyappdiv-1945.