5. Affirmative conditions are positive con ditions.
Affirmative conditions implying a negative are spoken of by the older writers; but ne such class is now recognized. Sheppard, Touchst. 117.
Collateral conditions are those which re quire the doing of a collateral act. Shep pard, Touchst. 117.
Compulsory conditions are such as expressly require a thing to be done.
Consistent conditions are those which agree with the other parts of the transaction.
Copulative conditions are those which are composed of distinct parts or separate condi tions, all of which must be performed. They are generally conditions precedent, but may be subsequent. Powell, Dev. c. 15.
Covert conditions are implied conditions. Conditions in deed are express conditions. Disjunctive conditions are those which re quire the doing of one of several things. If a condition become impossible in the copula tive, it may be taken in the disjunctive. Viner, Abr. Condition (S b) (Y b 2).
Express conditions are those which are created by express words. Coke, Litt. 328. 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. Shep pard, Touchst. 117.
Impossible conditions are those which can not be performed in the course of nature. Inherent conditions are such as are an nexed to the rent reserved out of the land whereof the estate is made. Sheppard, Touchst. 118.
Insensible conditions are repugnant condi tions.
Conditions in law are implied conditions. The term is also used by the old writers without careful discrimination to denote limitations, and is little used by modern writers. Littleton, 380 ; 2 Blackstone, Comm. 155.
Lawful conditions are those which the law allows to be made.
Positive conditions are those which require that the event contemplated should happen.
Possible conditions are those which may be performed.
Precedent conditions are those which are to be performed before the estate, the obliga tion commences, or the bequest takes effect. Powell, Dev. c. 15. A bond to convey land on the payment of the purchase-money fur nishes a common example of a condition pre cedent. 9 Cush. Mass. 95. They are distin guished from conditions subsequent.
Repugnant conditions are those which are inconsistent with, and contrary to, the ori ginal act.
Restrictive conditions are such as contain a restraint: as, that a lessee shall not alien. Sheppard, Touchst. 118.
Single conditions are those which require the doing of a single thing only.
Sabsequent conditions are those whose effect is not produced until after the vesting of the estate or bequest or the commencement of the obligation.
A mortgage with a condition defeating the con veyanee in a certain event is a common example of a condition subsequent. All conditions must be either precedent or subsequent. The character of a condition in this respect does not depend upon the precise 'form of words used, 7 Gill & J. Md. 227, 240 ; 2 Dail. Penn, 317; 2 Johns. N. Y. 148; 20 Barb. N. Y. 425; 6 Me. 106 ; 10 id. 318; 1 Va. Cas. 138; 4 Rand. Va. 352; 6 J. J. Marsh. Ky. 161 ; 8 Litt. Ky. 151 ; 1 Spenc. N. J. 435; 1 La. Ann. 424; 1 Wise. 527; nor upon the position of the words in the instrument, 1 Term, 645; 6 id. 668 ; Cas. temp. Talb. 166 ; the question is whether the conditional event is to happen before or after the principal. 4 Rand. Va. 358. The word "if" implies a condi tion precedent, however, unless controlled by other words. Crabb, Real Prop. 2152.
Unlawful conditions are those which are forbidden by law.
They are those which, first, require the perform ance of some act which is forbidden by law, or which is malum in se; or, second, require the omis sion of some act commanded by law; or, third, those which encourage such acts or omissions. 1 P. Will. Ch. 189.
Yoid conditions are those which are of no validity or effect.
6. Creation of Conditions must be made at the same time as the original conveyance or contract, but may be by a separate instru ment, which is then considered as consti tuting one transaction with the original. 5 Serg. & R. Penh. 375 ; 7 Watts & S. Penn. 335; 3 Hill, N. Y. 95; . 3 Wend. N. Y. 208; 10 Ohio, 433 ; 10 N. H. 64; 2 Me. 132; 7 Pick. Mass. 157 ; 6 Blackf. Ind. 113. Con ditions are sometimes annexed to and de pending upon estates, and sometimes an nexed to and depending upon recognizances, statutes, obligations, and other things, and are also sometimes contained in acts of par liament and records. Sheppard, Touchst. 117.