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, tom. ii. 1. 1, tit. 9, sec. 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, tom. 1. 1. 1, tit. 1, sec. 4.
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.
Mired 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. Pothier.
Potestative conditions are those which are in the power of the person in whose favor the obligation was contracted : as, If I con tract to give my neighbor a sum of money in case he cuts down a tree.
Resolutory conditions are those which are added not to suspend the obligation till their accomplishment, but to make it cease when they are accomplished.
Suspensive obligations are those which sus pend the obligation until the performance of the condition. They are casual, mixed, or potestative.
Domat says conditions are of three sorts. The first tend to accomplish the covenants to which they are annexed. The second dis solve covenants. The third neither accom plish 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 condi tion is in suspense until the condition comes to pass and the covenant is void. Domat, lib. 1. tit. 1, § 4, art. 6. See Pothier, ObL pt. i. c. 2, art. 1, § 1; pt. it. C. 3, art. 2.
In Common Law. The status or relative situation of a person in the state arising from the regulations of society. Thus, a per son under twenty-one is an infant, with cer tain privileges and disabilities. Every per son is bound to know the condition of the person with whom he deals.
A qualification, restriction, or limitation modifying or destroying the original act with which it is connected.
A clause in a contract or agreement which has for its object to suspend, rescind, or modify the principal obligation, or, in a case of a will, to suspend, revoke, or modify the devise or bequest.
A modus or quality annexed by him that bath an estate, or interest or right to the same, whereby an estate, etc., may either be defeated, enlarged, or created upon an un certain event. Co. Litt. 201 a.
A qualification or restriction annexed to a conveyance of lands, whereby it is pro vided 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. 1. § 1.
A future uncertain event on the happen ing or the non-happening of which the ac complishment, modification, or rescission of a testamentary disposition is made to de pend.
A condition annexed to a bond is usually termed a defeasance, which see. A condition defeating a conveyance of land in a certain event is generally a mortgage. See MORTGAGE. Conditions annexed to' the realty are to be distinguished from limitations; a stranger may take advantage of a limitation, but only the grantor or his heirs of a condition ; Den v. R. Co., 26 N. J. L. 1; Vermont v. Society, 2 Paine 545, Fed. Cas. No. 16,920 ; a limitation always de termines an estate without entry or claim, and so doth not a condition; Sheppard, Touchst. 121; 2 Bla. Com. 155; 4 Kent 122, 127 ; Proprietors of the Church in Brattle Square v. Grant, 3 Gray (Mass.) 142, 63 Am. Dec. 725•; Van Rensselaer v. Ball, 19 N. Y. 100; from conditional limitations; in case of a condition, the entire interest in the estate does not pass from the grantor, but a possibility of re verter remains to him and to his heirs and devisees; in case of a conditional limitation, the possibility of reverter is given over to a third person ; Chal. R. P. 233; Proprietors of the Church in Brattle Square v. Grant, 3 Gray (Mass.) 142, 63 Am. Dec. 725; from remainders; a conditon operates to defeat an estate before its natural termination, a remainder takes effect on the completion of a preceding estate; Co. Litt. Butler's note 94; from covenants; a cove nant may • be said to be a contract, a condition, something affixed nomine pcente for the non-fulfil ment of a contract; the question often depends upon the apparent intention of the parties, rather than upon fixed rulee of construction; if the clause In question goes to the whole of the consideration, it is rather to be held a condition ; 2 Parsons Contr. 31; Platt, Coy. 71; 10 East 295; see Woodruff v. Power Co., 10 N. J. Eq. 489; McCullough v. Cox, 6 Barb. (N. Y.) 386; Houston v. Spruance, 4 Harr. (Del.) 117; a covenant may be made by a grantee, a condition by the grantor only; 2 Co.,70; from charges; If a testator create a charge upon the devisee personally in respect of the estate devised, the devisee takes the estate on condition, but where a devise is made of an estate and also a bequest of so much to another person, payable "thereout" or "therefrom" or "from the estate," it ie rather to be held a charge ; 4 Kent 604; Potter v. Gardner, 12 Wheat. (U. S.) 498, 6 L. Ed. 706; Taft v. Morse, 4 Mete. (Maes.) 5g3; Harvey v. Olmsted, 1 N. Y. 483 ; 14 M. & W. 698. Where a forfeiture ie not distinctly expressed or implied, It is held a charge; Luckett v. White, 10 Gill & J. (Md.) 480; Pownal v. Taylor, 10 Leigh (Va.) 172, 34 Am. Dec. 725. See, also, Wilson v. Wilson, 38 Me. 1, 61 Am. Dec. 227; 1 Pow. Dev. 664 ; CHARGE ; LEGACY.