Wilshire Oil Co. v. Star Petroleum Co.

Plaintiff: sued to recover possession of land, claiming a forfeiture of a condition subsequent contained in the deed of conveyance. The cause was tried before the court sitting without a jury and resulted in a judgment for the defendant, from which the plaintiff appeals upon a typewritten record.

The condition which it was claimed had been breached was atttached by the common grantor of a large number of lots situated in what was known as the Athens Tract in Los Angeles County. It was expressly declared to be a covenant running with the land inuring to the benefit of all other lot owners in the tract and included in the deeds of conveyance of these other lots. It provided for a reversion to the common grantor if the premises conveyed or any part of them should be used for the purpose of prospecting for oil or other hydro-carbon products. The premises in controversy were deeded by the common grantor to the defendant Shoemaker on June 17, 1913. Thereafter the common grantor leased other portions of the tract for oil development purposes and solicited other lot owners in the tract to join in said leases. Other lot owners of the tract entered into oil leases and their properties were…