Moakley

The defendants recovered judgment in a quiet title suit and plaintiffs appeal. The points argued upon this appeal involve the construction of two conveyances, each of which contained exceptions, reservations, or conditions. The first one of these two conveyances was executed by George P. Lyman and others, who for purposes of this case may be considered the original owners. By it said Lyman and others conveyed out of their holdings on October 21, 1899, a strip of land to the Los Angeles Pacific Railway Company. This conveyance “granted, bargained, sold, conveyed and confirmed” to the railway company “all that certain lot, piece or parcel of land . . . bounded and particularly described as follows, to-wit:” Here follows a metes and bounds description of a strip of land thirty-five feet wide running diagonally through the property of the grantors, Lyman and others. The conveyance then con tained the following paragraph: “This conveyance is given and accepted upon the express understanding and condition that said strip of land is to be used for a right of way for constructing and maintaining a railroad over and along the same by the grantee herein, or its successors or assigns and for…