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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)

Citation
University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)
Parent Document
University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)
Jurisdiction
Vermont (state)
Effective Date
1932-02-04

Other Sections in This Document (211)

Full Text

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The significance of this distinction in the instant case lies in the fact that until reentry the grantee, his heirs and assigns are in lawful possession and their estate continues. Hence, since there has been no defeasance, the grantor has. obtained no title to the land by the mere act of cutting the timber, which would, if the estate were a base or determinable fee, at once revest the estate. Indeed, it has been held that an entry upon breach of condition is necessary to terminate a so-called “perpetual lease.” Folts v. Huntley, 7 Wend. (N. Y.) 210, 215; see, also, Smith v. Blaisdell, 17 Vt. 199, 212; Willard v. Benton, 57 Vt. 286.