Page:Federal Reporter, 1st Series, Volume 7.djvu/646

 63^ FBDEBAIi REPORTER. �the plaintiff ie entitled to recover a verdict for $1,100, and, ako, under the charge of the court the plaintiff agrees that is all. It is simply your duty to find a verdict for that amount." �KoTB. See Muser v. Am. Ex. Go. 1 Fed. Rep. 382 ; Hall v. Penn. B. Co. la. 226; Wertheimer y. Penn. B^ Co. Id. 233; (Innevehr v. Steam-ship Hindoo, Id. 627 ; Onnsby v. U. P. B. Co. 4 Fed. Rep. 700 ; May v. ateam- ahip Powkatan, S Fbd. Rbp. 376. ���Adams and others v. Oke Knob Copper Co. and others. {Uircuit Court W. D. Norih Carolina. April, 1880.) �1. EsTATB m Fbb — Debd wrrHouT Consideration — North Caroi.ina. �A simple deed of grant, witliout consideration, is sufflcieat to pass an estate in fee-simple under the statutes of North Carolina. �2. Estate irpoiT Condition — Performance of Condition. �"Where the perfonnatnce of a condition subsequent, to be performed by the grantees " at their own time and convenience," is the sole con- sideration for the grant of a conditional estate, such condition must be performed Within a reasonable time. �3. Samb— Samb. �In such case, where compliance with the condition requires a con- tinuons performance, and such performance is discontinued, the same must be resumed in a reasonable time in order to prevent a for- feiture of the estate. �4. SamE— Fobfbiturb. �In such case, if the grantor or his heivs are in possession, upon a breaoh of the condition, the estate will revest in them at once, with- out any formai act on their part. �5. Same— Waiver. �Mere silent acquiescence in an act which constitutes a breach of an express condition does not amount to a waiver of the riglxt of for- feiture for such breach. — [Ed. �This civil action was originally commenced in the state superior court for Ashe county, to recover the possession of the minerais and metals in a certain tract of land described in the complaint. The pleadings and proceedings are in con- formity to the state; Code of Civil Procedure. Under this ��� �