Firth

In the year 1907 appellant, on the payment of a sum in excess of thirteen thousand dollars to the plaintiff, received from the plaintiff a deed of conveyance of certain land in what was called the Oxford Square Tract. The deed in part had the usual form of a grant in fee, but contained also a statement of certain conditions. Among other things it was in the deed provided: “That the said strip of land is so conveyed as and for a right of way for an electric railroad, and shall be devoted to no other purpose or purposes; that a line of double-track electric railroad extending from said tract of land to the city of Los Angeles, shall be constructed and in operation within three years from the date of October 20, 1906, with modern ears, equipment and appliances ; that said railroad is to be operated as an electric line for the purpose of carrying passengers, ...” Other stipulations were expressed relative to the grade of the proposed railroad, kind of fencing to be used along the right of way, that a culvert should be built by the grantee across an arroyo, etc., all of which stipulations so expressed were followed by this provision: “All the foregoing provisions are hereby declared to…