Caldwell v. Indian Terr. Illuminating Oil Co.

R. S. Caldwell appeals from the action of the district court of Oklahoma county sustaining the demurrer of Indian Territory Illuminating Oil Company, a corporation, to his amended petition, and rendering judgment dismissing the action.

The amended petition has attached to it as an exhibit a copy of a deed by R. S. Caldwell and wife to H. V. Foster to the city lots in issue. This deed appears to be the ordinary warranty deed form, but there is included therein a reverter clause reading:

“It is agreed that the premises above described shall revert to grantor upon permanent cessation in the use…