Salter

Action to quiet title and to have certain easements declared forfeited. Judgment for plaintiffs. Defendants appeal from the judgment and from an order denying a new trial.

The first point made on appeal is that plaintiffs did not show title to the property across which the easements were originally granted. We think there is nothing in this point. All parties claim under Andrew Grlassell, deceased. Grlassell granted the easements upon the express stipulation that, unless the contemplated bicycle road' and the viaduct referred to should be completed and used within five years from and after the date of the deed, said right of way should revert to the grantor, and if at any time the grantees or their assigns should cease to use the same for the purposes specified for a continuous period of three years, a reverter should result. After the death of Glassell his executors sold to one Rogers a portion of the premises over which the easements extended. Plaintiffs deraign title through Rogers. The sale to Rogers was confirmed by the superior court, and in such order of confirmation and in the appraisement filed by the executors, the property under consideration was described as “7-30/100…