Affirmative conditions are positive condi tions.
Affirmative conditions implying a negative are spoken of by the older writers: but no such class is now recognized. Shep. Touchst.
Collateral conditions are those which re quire the doing of a collateral act. Shep. Touchst. 117.
Compulsory conditions are such as express ly 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 con ditions, all of which must be performed. They are generally conditions precedent, but may be subsequent. Pow. 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. Co. 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. Touchst. 117.
Impossible conditions are those which can not be performed in the course of nature.
Inherent conditions are such as are annex ed to the rent reserved out of the land whereof the estate is made. Shep. Touchst.
Insensible conditions are repugnant con ditions.
Conditions in law are implied conditions. The term is also used by the old writers without careful discrimination to demite lim itations, and is little used by modern writers. Littleton § 380; 2 Bla. Com. 155.
Lawful conditions are those which the law allows to be made.
Positive conditions are those which re quire that the event contemplated should happen.
Possible conditions are these which may be performed.
Precedent conditions are those which are to be performed before the estate or the ob ligation commences, or the bequest takes ef fect. Powell, Dev. c. 15. A bond. to convey land on the payment of the purchase-money furnishes a common example of a condition precedent. Stone v. Ellis, 9 Cush. (Mass.)
95. They are distinguished from conditions subsequent.
Repugnant conditions are those which are inconsistent with, and contrary to, the orig inal act.
Restrictive conejitions are such as contain a restraint : ad, taat a lessee shall not alien. Shep. Touchst. 118.
Single conditions are those which require the doing of a single thing only.
Subsequent conditions are those whose ef fect is not produced until after the vesting of the estate or bequest or the commence ment of the obligation.
A mortgage with a condition defeating the con veyance in a certain event ie 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; Creswell's Lessee v. Lawson, 7 Gill & J. (Md.) 227, 240; Vanhorne's Lessee v. Dorrance, 2 Dall. (Pa.) 317, Fed. Cas. No. 16,857, 1 L. Ed. 391; In re New York Cent. it. Co,, 20 Barb. (N. Y.) 425; Brockenbrough v. Ward's Adm'r, 4 Rand. (Va.) 352; Sprigg's Heirs v. Albin's Heirs, 6 J. Marsh. (Ky.) 161; Barry v. Alsbury, Litt. Sel. Cas. (Ky.) 151; Shinn v. Roberts, 20 N. J. L. 435, 43 Am. Dec. 636; Yeatman v. Broadwell, 1 La. Ann. 424; Rogan v. Walker, 1 Wis. 527; nor upon the position of the words in the instrument; 1 Term 645; Cas. temp. Talb. 166; the question is whether the conditional event is to happen before or after the principal; Brockenbrough v. Ward's Adm'r, 4 Rand. (Va.) 352. The word "if" implies a condition precedent, however, unless controlled by other words ; Crabb, R. P. § 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. Wms. 189.