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
Original Source: https://www.courtlistener.com/opinion/4215928/university-of-vermont-state-agr... ↗

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In fact, if the position of the majority is. accepted, it is difficult to avoid impalement upon the horn of a dilemma. On the one hand it is said, broadly, that a conveyance in fee of public lands is void; on the other, that a conveyance of what, at common law, would be a conditional fee is valid. The only way of escape, as I see it, is to recognize the fact that the principle has not been, and is not to be, applied where the fee is subject to a right of reentry for breach of condition. That this distinction has been observed in practice clearly appears in Lampson v. New Haven, supra,

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