Where a conveyance is void by reason of the breach of a condition subsequent, the grantor has an adequate remedy in a real action and is not entitled to equitable relief; but if a bill in equity for a cancellation of the deed has been erroneously brought, it may be amended by filing an appropriate count at law.
WALKER, J.
As the plaintiff has an adequate remedy at law (Walker v. Walker, 63 N.H. 321; Bassett v. Brown, 61 N.H. 602; Rollins v. Riley, 44 N.H. 9), equity will not afford relief. But by a motion addressed to the superior court she may obviate this defect by filing an appropriate count at law as an amendment of the bill. Walker v. Walker, supra, 326. Until that is done the order must be
Exception sustained.
All concurred.