Firth v. Los Angeles Pacific Land Co.

JAMES, J.

In the year 1907 appellant, on the payment of a sum in excess of thirteen thousand dollars to the plaintiff, received from the plaintiff a deed of conveyance of certain land in what was called the Oxford Square Tract. The deed in part had the usual form of a grant in fee, but contained also a statement of certain conditions. Among other things it was in the deed provided: “That the said strip of land is so conveyed as and for a right of way for an electric railroad, and shall be devoted to no other purpose or purposes; that a line of double-track electric railroad extending from said tract of land to the city of Los Angeles, shall be constructed and in operation within three years from the date of October 20, 1906, with modern ears, equipment and appliances ; that said railroad is to be operated as an electric line for the purpose of carrying passengers, ...” Other stipulations were expressed relative to the grade of the proposed railroad, kind of fencing to be used along the right of way, that a culvert should be built by the grantee across an arroyo, etc., all of which stipulations so expressed were followed by this provision: “All the foregoing provisions are hereby declared to be conditions upon which the title of the said party of the second” part to the said strip of land so agreed to be conveyed, shall depend, and upon breach of the said conditions, or any of them, the said strip of land shall revert unto the said party of the first part, his heirs and assigns.” There was also inserted in conclusion a clause to the effect that the conveyance was of “all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof. To have and to hold, all and singular the said premises, together with the appurtenances, unto the said party of the second part and to its heirs and assigns forever.” Subsequent to the execution of the deed of conveyance mentioned, and on the twenty-fifth day of January, 1909, the parties executed a writing by which it was proposed to extend the time for

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the building of the railroad one additional year, or to the twentieth day of October, 1910. In March, 1911, the railroad not having been built, this action was commenced to quiet the title in the grantor, the plaintiff, and to secure a decree requning a reconveyance to be made on account of the condition broken. The appeal is from the judgment rendered in favor of the plaintiff, and from an order denying a motion for a new trial.