Blacks Law Dict. 1st ed

CONDITION AFFIRMATIVE

CONDITIONAL DEVISE

246

without any words used by the party. Co. Litt. 201a. See CONDITION IMPLIED. CONDITION INHERENT. A con dition annexed to the rent reserved out of the land whereof the estate is made; orrathei to the estate in the land, in respect of rent, etc. Shep. Touch. 118. CONDITION NEGATIVE. A condi tion which consists in not doing a thing; as provided that the lessee shall not alien, etc Shep. Touch. 118. CONDITION POSITIVE. One which requires that an event shall happen or an act be done. CONDITION PRECEDENT. A con dition precedent is one which is to be per formed before some right dependent thereon accrues, or some act dependent thereon is per formed. Civil Code Cal. § 1436. A condition which must happen or be per formed before the estate to which it is an nexed can vest or be enlarged. Conditions may be precedent or subsequent. In the former, the condition must be performed before the contract becomes absolute and obligatory up on the other party. In the latter, the breach of the condition may destroy the party's rights under the contract, or may give a right to damages to the other party, according to a true construction of the intention of the parties. Code Ga. 1882, § 2722. CONDITION RESTRICTIVE. Acon dition for not doing a thing; as that the lessee shall not alien or do waste, or the like. Shep. Touch. 118. CONDITION SINGLE. A condition to do one thing only. Shep. Touch. 118. CONDITION SUBSEQUENT. A con dition subsequent is one referring to a future event, upon the happening of which the ob ligation becomes no longer binding upon the other party, if he chooses to avail himself of the condition. Civil Code Cal. § 1438. A condition annexed to an estate already vested, by the performance of which such estate is kept and continued, and by the fail ure or non-performance of which it is defeat ed. Co. Litt. 201; 2 Bl. Comm. 154. CONDITIONAL. That which is depend ent upon or granted subject to a condition. CONDITIONAL CREDITOR. In the civil law. A creditor having a future right of action, or having a right of action in ex pectancy. Dig. 50, 16, 54. CONDITIONAL DEVISE. A condi tional disposition is one which depends upon

for in the latter the estate is limited over to a third person, while in case of a simple con dition it reverts to the grantor, or his heirs or devisees. It differs also from a covenant, which can be made by either grantor or gran tee, while only the grantor can make a con dition, (Co. Litt. 70.) A charge is a devise of land with a bequest out of the subject matter, and a charge upon the devisee per sonally, in respect of the estate devised, gives him an estate on condition. A condition also differs from a remainder; for, while the for mer may operate to defeat the estate before its natural termination, the latter cannot take effect until the completion of the preceding estate. CONDITION AFFIRMATIVE. A condition which consists in doing a thing; as provided that the lessee shall pay rent, etc. Shep. Touch. 118. CONDITION COLLATERAL. A con dition where the act to be done is a collateral act. Shep. Touch. 118. CONDITION COMPULSORY. A con dition expressly requiring a thing to be done; as that a lessee shall pay £10 such a day, or his lease shall be void. Shep. Touch. 118. CONDITION COPULATIVE. Aeon dition to do divers things. Shep. Touch. 118. CONDITION DISJUNCTIVE. A con dition requiring one of several things to be done. Shep. Touch. 118. CONDITION EXPRESSED. A con dition expressed in the deed by which it is created, (conditio expiessa.) 2 Crabb, Real Prop. p. 792, § 2127; Bract, fol.47. A con dition annexed, by express words, to any feoffment, lease, or grant. Termes de la Ley. CONDITION IMPLIED. One which the law infers or presumes, from the nature of the transaction or the conduct of the par ties, to have been tacitly understood between them as a part of the agreement, although not expressly mentioned. CONDITION IN DEED. Fr. condi tion en fait. A condition expressed in a deed, (as a feoffment, lease, or grant,) in plain words, or legal terms of law. Cowell; Co. Litt. 201a. See CONDITION EXPRESSED. CONDITION IN LAW. A condition tacitly created or annexed to a grant, bylaw.

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