Sec. 46.
When any conditions annexed to a grant or conveyance of lands are merely nominal and evince no intention of actual and substantial benefit to the party to whom or in whose favor they are to be performed, they may be wholly disregarded, and a failure to perform the same shall in no case operate as a forfeiture of the lands conveyed subject thereto.
History: R.S. 1846, Ch. 62 ;-- CL 1857, 2630 ;-- CL 1871, 4113 ;-- How. 5562 ;-- CL 1897, 8828 ;-- CL 1915, 11564 ;-- CL 1929, 12966 ;-- CL 1948, 554.46