Condition

In Civil Law, The situation of every person in some one of the different orders of persons which compose the general order of society, and allot to each person therein a distinct, separate rank. Domat, Civ. Law, tom. ii. lib. 1, tit. 9, § i, art. viii. A paction or agreement which regulates that which the contractors have a mind should be done if a case which they foresee should come to pass. Domat Civ. Law, tom. i. lib. 1, tit. 1, § 4. Domat says conditions are of three sorts. The first tend to accomplish the 'covenants to which they are annexed. The second dissolve covenants. The third neither accomplish nor avoid, but create, some change. When a condition of the first sort comes to pass, the covenant is thereby made effectual. In case of conditions of the second sort, all things remain in the condition they were in by the covenant, and the effect of the condition is in suspense until the condition comes to pass and the covenant is void. Domat, Civ. Law, lib. i. tit. 1, § 4, art. 6 et seq. See Poth Obi. pt. 1, c. 2, art. 1, § 1; Id. pt. ii. c. 3, art. 2. (1) Casual conditions are such as depend upon accident, and are in no wise in the power of the person in whose favor the obligation is entered into. (2) Mixed conditions are such as depend upon the joint wills of the person in whose favor the obligation is contracted, and of a third person; as, "If you marry my cousin, I will give," etc. Poth. Obi. (3) Potestative conditions are those which are in the power of the person in whose favor the obligation was contracted; as, if I contract to give my neighbor a sum of money, in case he cuts down a tree. (4) Resolutory conditions are those which are added not to suspend the obligation till their accomplishment, but to make it cease when they are accomplished. (5) Suspensive obligations are those which suspend the obligation until the performance of the condition. They are casual, mixed, or potestative. In Common Law. The status or relative situation of a person in the state arising from the regulations of society. Thus, a person under twenty-one is an infant, with certain privileges and disabilities. Every A qualification, restriction, or limitation -modifying or destroying the original act with which it is connected. A clause in a contract or agreement intended to suspend, rescind, or modify the principal obligation, or, in case of a will, to suspend, revoke, or modify the devise or bequest. 1 Bouv. Inst, note 730. A modus or quality annexed by him that hath an estate, or interest or right to the same, whereby an estate, etc., may either be defeated, enlarged, or created upon an uncertain event. Co. Litt. 201a. A qualification or restriction annexed to a conveyance of lands, whereby it is provided that in case a particular event does or does not happen, or in case the grantor or grantee does or omits to do a particular act, an estate shall commence, be enlarged, or be defeated. Greenl. Cruise, Dig. tit. xiii. c. i. § 1. A future uncertain event, on the happening or the nonhappening of which the accomplishment, modification, or rescission of a testamentary disposition is made to depend. (1) Affirmative conditions are positive conditions. Affirmative conditions implying a negative are spoken of by the older writers, but no such class is now recognized. Shep. Touch. 117. (2) Collateral conditions are those which require the doing of a collateral act. Shep. Touch. 117. (3) Compulsory conditions are such as expressly require a thing to be done. (4) Repugnant or insensible conditions are those inconsistent with the original act. (5) Consistent conditions are those which agree with the other parts of the transaction. (6) Copulative conditions are those which are composed of distinct parts or separate conditions, all of which must be performed. They are generally conditions precedent, but may be subsequent. Powell, Dev. c. 15. (7) Disjunctive conditions are those which require the doing of one of several things. If a condition become impossible in the copulative, it may be taken in the disjunctive. Viner, Abr. "Condition" (S b) (Y b 2). (8) Single conditions are those which require the doing of a single act only. (9) Restrictive conditions are such as contain a restraint, as that a lessee shall not alien. (10) Lawful conditions are those which the law allows to be made. (11) Unlawful conditions are those which the law forbids. (12) Independent conditions are those, each of which must be performed without regard to the performance of the others. (13) Dependent conditions are those the failure of performance of one of which excuses performance of the others. (14) Express conditions are those which are created by express words. Co. Litt. 328. (15) Implied conditions are those which the law supposes the parties to have had in mind at the time the transaction was entered into, though no condition was expressed. Implied conditions are also known as "covert conditions," or "conditions in law," but the latter term is little used by modern writers. 2 Bl. Comm. 155. (16) Impossible conditions are those which cannot be performed in the course of nature. (17) Possible conditions are those which may be performed. (18) Inherent conditions are such as are annexed to the rent reserved out of the land whereof the estate is made. Shep. Touch. 118. (19) Precedent conditions are those which are to be performed before the estate or the obligation commences, or the bequest takes effect. Powell, Dev. c. 15. A bond to convey land on the payment of the purchase money furnishes a common example of a condition precedent. 9 Cush. (Mass.) 95. They are distinguished from conditions subsequent. If the language of the particular clause or the whole instrument shows that the act upon which the estate depends must be performed before the estate vests, the condition is precedent, but if the act does not necessarily precede the vesting of the estate but may accompany or follow it, the condition is subsequent. 267 111. 107. (20) Subsequent conditions are those whose effect is not produced until after the vesting of the estate or bequest, or the commencement of the obligation. One by which an interest already vested may be divested, or a contingent interest defeated before vested. 190 111. 207. "Where a condition must be performed before the estate can commence, it is called a 'condition precedent'; but when the effect of the condition is to enlarge or defeat the estate already created, it is then called a 'condition subsequent.'" 12 Barb. (N. Y.) 440, A condition subsequent determines an estate after breach upon entry or claim by the proper person; as, limitation marks the period which ipso facto determines an estate. 3 Gray (Mass.) 143.

In the civil law. The rank, situation, or degree of a particular person in some one of the different orders of society. An agreement or stipulation in regard to some uncertain future event, not of the essential nature of the transaction, but annexed to it by the parties, providing for a change or modification of their legal relations upon its occurrence. Mackeld. Rom. Law, § 184. Classification. In the civil law, conditions are of the following several kinds: The casual condition' is that which depends on chance, and is in no way in the power either of the creditor or of the debtor. Civ. Code La, art. 2023. A mixed condition is one that depends at the same time on the will of one of the parties and on the will of a third person, or on the will of one of the parties and also on a casual event. Civ. Co.de La. art 2025. The potestative condition is that which makes the execution of the agreement depend on an event which it is in the power of the one or the other of the contracting parties to bring about or to hinder. Civ. Code La. art. 2024. A resolutory or dissolving condition is that which, when accomplished, operates the revocation of the obligation, placing matters in the same state as though the obligation had not existed. It does not suspend the execution of the obligation. It only obliges the creditor to restore what he has received in case the event provided for in the condition takes place. Civ. Code La. art. 2045; Moss v. Smoker, 2 La. Ann. 991. A suspensive condition is that which depends, either on afuture and uncertain event, or on an event which bas actually token place, without its being yet known to the parties. In the former case, the obligation cannot be executed till after the event; in the latter, the obligation has its effect from the day on which it was contracted, but it cannot be enforced until the event be known. Civ. Co.de La. art. 2043 : New Orleans v Railroad Co., 171 U. S. 312, 18 Sup. Ct. 875, 48 L. Ed. 178; Moss v. Smoker, 2 La. Ann. 991.

In French law. In French law, the following peculiar distinctions are made:
(1) A condition is casuelle when it depends on a chance or hazard;
(2) a condition is potestative when it depends on the accomplishment of something which is in the power of the party to accomplish;
(3) a condition is mixte when It depends partly on the will of the party and partly on the will of others;
(4) a condition is suspensive when it ls a future and uncertain event, or present but unknown event, upon which an obligation takes or fails to take effort;
(5) a condition is resolutoire when it is the event which undoes an obligation which has already had effect as such. Brown.

In common law. The rank, situation, or degree of a particular person in some one of the different orders of society; or hls status or situation, considered as a juridicial person, arising from positive law or the institutions of society. Thili v. Pohlman, 76 Iowa, 638, 41 N. W. 385. ' A clause in a contract or agreement which has for its object to suspend, rescind, or modify the principal obligation, or, in case of a will, to suspend, revoke, or modlfy the devise or bequest. Towle v. Remsen, 70 N. Y. 303. A modus or quality annexed by him that hath an estate, or interest or right to the same, whereby an estate, etc., may either be defeated, enlarged, or created upon an uncertain event. Co. Litt. 201a. A qualification or restriction annexed to a conveyance of lands, whereby it ls provided that in case a particular event does or does not happen, or in case the grantor or grantee does or omits to do a particular act, an estate shall commence, be enlarged, or be defeated. Heaston v. Randolph County, 20 Ind. 398; Cooper v. Green, 28 Ark. 54; State v. Board of Public Works, 42 Ohio St. 615; Selden v. Pringle, 17 Barb. (N. Y.) 465. Classification. The different kinds of conditions known to the common law may be arranged and described as follows: They are either express or implied, the former when incorporated in express terms in the deed, contract, lease, or grant; the latter, when inferred or presumed by law, from the nature of the transaction or the conduct of the parties, to have been tacitly understood between them as a part of the agreement, though not expressly mentioned. 2 Crabb, Reni Prop. p. 792; Bract, fol. 47; Civ. Co.de La. art 2076; Raley v. Umatilla County, 15 Or. 172, i3 Pan. 890, 3 Am. St. Rep. 142. Express and implied conditions are also called by the older writers, respectively, conditions in deed (or in fact, the Law French term being conditions en fait) and conditions in law. Co.. Litt. 201 a. They are possible or impossible; the former when they admit of performance in the ordinary course of events; the latter when it is contrary to the course of nature or human limitations that they should ever be performed. They are lawful or unlawful; the former when their character is not in violation of any rule, principle, or policy of law; the latter when they are such as the law will not allow to be made. They are consistent or repugnant; the former when they are in harmony and concord with the other parts of the transaction; the latter when they contradict, annul, or neutralize ths main purpose of the contract Repugnant conditions are also calied "insensible." They are affirmative or negative; the former being a condition which consists in doing a thing; as provided that the lessee shall pay rent, etc., and the latter being a condition which consists in not doing a thing; as provided that the lessee shall not alien, etc. Shep. Touch. 118. They are precedent or subsequent. A condition precedent is one which must happen or be performed before the estate to which it is annexed can vest or be enlarged ; or it is one which is to be performed before some right dependent thereon accrues, or some act dependent thereon is performed. Towle v. Remsen. 70 N. Y. 309: Jones v. U. S., 96 U. S. 26, 24 L. Ed. 644; Redman v. Insurance Co., 49 Wis. 431, 4 N. W. 591; Beatty's Estate v. Western Co.llege, 177 111. 280, 52 N. E. 482, 42 In R. A. 797, 69 Am. St. Rep. 242; Warner v. Bennett, 31 Conn. 475; Blean v. Messenger, 33 N. J. Law, 503. A condition subsequent is one annexed to an estate already vested, by the performance of which such estate is kept and continued, and by the failure or non-performance of which it is defeated; or it is a condition referring to a fufure event, upon the happening of which the obligation becomes no longer binding upon the other party, if he chooses to avail himself of the condition. Co.. Litt. 201; 2 Bl. Comm. 154; Civ. Co.de Cal. § 1436; Co.de Ga. § 2722; Goff v. Pensenhafer, 190 111. 200, 60 N. El 110; Moran v. Stewart, 173 Mo. 207, 73 S. W. 177; Hague v. Ahrens, 53 Fed. 58, 3 C. C. A. 426; Towle v. Remsen. 70 N. Y. 309; Chapin v. School Dist., 35 N. H. 450; Blanchard v. Railroad Co., 31 Mich. 49, 18 Am. Rep. 142; Co.'oper v. Green, 28 Aria 54. Conditions may also be positive (requiring that a specified event shall happen or an act be done) and restrictive or negative, the latter being such as impose an obligation not to do a particular thing, as, that a lessee shall not alien or sub-let or commit waste, or the like, Shep. Touch 118. They may be single, copulative, or disjunctive. Those of the first kind require the performance of one specified thing only; those of the second kind require the performance of divers acts or things; those of the third kind require the performance of one of several things. Shep. Touch. 118. Conditions may also be independent, dependent, or mutual. They belong to the first class when each of the two conditions must be performed without any reference to the other; to the second class when the performance of one condition is not obligatory until the actual performance of the other; and to the third class when neither party need perform his condition unless the other is ready and willing to perform his, or, in other words, when the mutual covenants go to the whole consideration on both sides and each is precedent to the other. Huggins v. Daley, 99 Fed. 609, 40 C. C. A. 12, 48 L. R. A. 320. The following varieties may also he noted: A condition collateral is one requiring the performance of a collateral act having no necessary relation to the main subject of the agreement. A compulsory condition is one which expressly requires a thing to be done, as, that a lessee shall pay a specified sum of money on a certain day or his lease shall be void. Shep. Touch. 118. Concurrent conditions are those which are mutually dependent and are to be performed at the same time. Civ. Co.de Cal. § 1437. A condition inherent is one annexed to the rent reserved out of the land whereof the estate is made, or rather, to the estate in the land, in respect of rent. Shep. Touch. 118. Synonyms distinguished. A "condition" is to be distinguished from a limitation, in that the latter may be to or for the benefit of a stranger, who may then take advantage of its determination, while only the grantor, or those who stand in his place, can take advantage of a condition, (Hoselton v. Hosel-ton, 166 Mo. 182, 65 S. W. 1005; Steams v. Gofrey, 16 Me. 158;) and in that a limitation ends the estate without entry or claim, which is not true of a condition. It also differs from a conditional limitation; for in the latter the estate is limited over to a third person, while in case of a simple condition it reverts to the grantor, or his heirs or devisees, (Church v. Grant, 3 Gray [Mass.] 147, 63 Am. Dec. 725.) It differs also from a covenant, which can be made by either grantor or grantee, while only the grantor can make a condition, (Co. Litt. 70.) A charge ls a devise of land with a bequest out of the subject-matter, and a charge upon the devisee personally, in respect of the estate devised, gives him an estate on condition. A condition also differs from a remainder; for, while the former may operate to defeat the estate before Its natural termination, the latter cannot take effect until the completion of the preceding estate.

Mode or state of being; cation annexed to a right, an interest, be created, enlarged or defeated. tion which consists in doing a thing. dition where the act to be done compulsory: a condition expressly Condition copulative: a condition disjunctive: a condition to do one by threats of violence. coerce by threats of violence; to forfeited, as for violation of to be good prize or contraband public use; to pronounce worth- Condemnation money: money which which the party cast in an ac- Condidit: he made; a plea sustaintestator made it, and that he was of personal action; an action against complains that something ought an action upon a promise to certain. Condictio ex lege: a perlaw. Condictio indebiti: an mistaka Condictio rei furtivae: to recover a thing stolen. Conof a person who had given or beneflcialis quae statnm conintentionem est interpredestrnit, stricte, secundum accipienda: a beneficial condition construed favorably, according to odious condition which destroys according to the precise meaning cum quid In casnm iucertum, esse, confertur: a condition is having reference to an unceror destroy it. Conditio (pra;sequatur effectus: a condibefore the effect can follow. status; a modus, quality or qualifior an estate by which it may Condition aflii'mative: a condi- Condition collateral: a conis a collateral act. Condition requiring a thing to be done. to do divers things. Condition of several things. Condition exinstrulaw: a condition not expressed in words, but implied by law. Condition in deed, or condition in fact: a condition expressed in a deed in plain words, or legal terms of law. Condition inherent: a condition annexed to the rent reserved out of the land whereof the estate is, or rather to the estate in the land in respect of rent. Condition in law: a condition tacitly created by law, without words used by the party. Condition negatire: a condition which consists in not doing a thing. Condition precedent: a condition preceding the accruing of a right or liability; an act essential to be performed by one party, before an obligation can attach upon another;' a condition which must happen, or be performed, before the estate to which it is annexed can Test or be enlarged. Condition restrictive: a condition for not doing a thing. Condition single: a condition to do one thing only. Condition subsequent: a condition annexed to an estate already vested, by the performance of which the estate is kept, and by the failure or non-perfomiance of which it is defeated.

In the civil law. The situation of a person in one of the several orders of persons which compose the general order of society; an agreement regulating that which the contracting parties have a mind to have done if certain circumstances arise. Condition casual: a condition which depends on chance. Condition mixed: a condition which depends on the will of the party and the will of some third person, or on some other event, conjoined. Condition potestative: a condition which depends on the will of the party. Condition resolutory: a condition subsequent Condition suspensive: a condition which suspends the obligation until the condition is peiv formed.

contracts, is a clause in an agreement, the validity of which depends upon a future or uncertain event. Dict. de Jurisp. Condition; Poth. Obl. p. 2, c.. 3, art. 1,§1. See 1 Bac. Abr. 629. By the word condition is also understood some quality annexed to a real an uncertain event. Jb. Co. Litt. 201 a. See Estates upon Condition. A condition may be created by inserting the very word condttton, or on condition, in the deed or agreement; there are, however, other words that will do so as effectually, as the word proviso, but then it must not depend upon another sentence. The words must be those of grantor, and compulsory to enforce - the grantee to do some act. Co. Litt. 203; Bac. Abr. Conditions, A, H. Conditions must be lawful; those against law are void. Where the condition is entire and the whole is against Jaw, it is void; but where the condition consists of several different parts, and some of them are lawful and others not, it is good fog so much as is lawful, and void for the rest. 2 Bro. P. C. 381; 5 Vin. Abr. 99, pl. 9; 2 Ld. Raym. 1459; Hob. 14; Mo. 856, 857, pl. 1175; 3 Rep. 83,a; 1 Vent. 237. But if a bond be given with condition to do a thing against an act of the legislature, and also to pay a just debt, the whole bond is void, because the letter of the act makes it void, and is a strict law. Hob. 14. See, in general, Bac. Abr. Conditions, Obligations, F; Com. Dig. Condition; Vin. Abr. Condition; Poth. Obl. Pt. 2, c. 3, art. 1, 2, and 3.