Jones v. Oklahoma City

GIBSON, V. C. J.

(dissenting). I agree with the majority opinion that the estate conveyed by Eugene Wallace to the railroad company was a determinable fee upon a condition subsequent, leaving in Wallace and his heirs a mere possibility of reverter upon reentry. I further agree that such right was not transferable by the grantor or his heirs to anyone other than the owner of the fee.

However, with reference to the effect of an attempted conveyance to a stranger to the title of the right reserved in the deed, my opinion is that we should adhere to the common-law rule prevailing in almost all…