Currie

In this action the plaintiffs seek a decree quieting their title to real property. The complaint is in the ordinary form of such actions. The answer of the Title Insurance and Trust Company admits plaintiff’s ownership, but alleges as a defense that the title is subject to certain conditions or restrictions contained in the deed by which the defendant corporation transferred its title to plaintiff’s predecessor in interest, one W. H. Hay. The clause relied upon is in the language ordinarily used in similar transactions. It beging, “this deed is made and accepted upon the following conditions subsequent,” then follows a provision against the use of a building erected thereon for certain business purposes, the erection of oil derricks, dwelling-houses under a certain cost, and the occupation, etc., of the premises by any person of African descent; the paragraph concludes as follows: 1 ‘ and that a violation of any of said conditions shall work a forfeiture of title thereof to the said party of the first part, its successors or assigns.”

It is alleged in the answer that before plaintiffs acquired any interest or title in the property defendant corporation was the owner of all the…