Houghton v. Steele

ROSS, J.:

One Donner being, on the 10th of April, 1858, the owner in fee of a certain lot of land in the City and County of San Francisco, conveyed to one John Yontz by deed an undivided third of it—the deed reciting: “ The foregoing conveyance is upon the following condition, to wit, That the said John Yontz, party of the second party, hereby covenants and agrees to proceed to recover the possession of the above-described lot at his own expense, at a suit at law, provided, however, if a compromise is made by the said Yontz, with parties now in possession of said lot, or other parties holding…