Mouat v. Seattle, Lake Shore & Eastern Railway Co.

The. opinion of the court was delivered by

Hoyt, C. J.

Plaintiff deeded to the defendant, railroad corporation the property, the title to which is in controversy, and the object of this action was to remove the cloud caused by this deed, it being claimed that for a breach of the condition therein the title conveyed thereby had reverted to the plaintiff; and upon the construction of this condition the rights of the parties largely depend.

It was claimed on the part of the defendants that it was a condition subsequent, the violation of which would subject the estate to forfeiture; while the claim…