Strong

This action was brought to quiet title as against certain conditions subsequent contained in a deed through which plaintiff’s title is deraigned.

Without setting forth the conditions in extenso, it is sufficient for the discussion of the issues presented on this ap peal to state that they limit the use of the premises to residence purposes only, prescribe the nature, quality, and cost of buildings to be erected thereon, and provide that “as to the grantor herein, the breach of any of the foregoing conditions shall cause said premises together with the appurtenances to be forfeited to and to revert to the said grantor, his heirs, successors and assigns, each of whom shall have the right of immediate entry upon said premises in the event of any such breach.” Judgment was for plaintiff and defendant appeals.

The question presented in the trial court, and decided against, was whether or not the conditions subsequent, created in the deed of a grantor, upon the breach of which the grantor reserves to himself and his heirs the right of re-entry forever, are valid and enforceable against the grantee’s successors.

Respondent’s counsel concede, as we understand their argument, that the…