Brown

Appeal from a judgment in favor of defendants. Appellant contends that the findings of fact made by the superior court entitle him to judgment against the defendants as prayed for in his complaint.

A summary of the findings of fact material here shows: That on the fourteenth day of December, 1886, plaintiff sold and conveyed to defendants’ predecessors in title forty-five acres of land, adjoining the town of San Bernardino. The deed of conveyance contained the following condition: “This grant is made upon the following expressed condition subsequent, to-wit: That there shall never be conducted upon said premises or any part thereof the business of selling intoxicating liquors at retail, nor shall there ever be kept or maintained upon said premises or any part thereof any bawdy house, house of illfame or house of prostitution, and in case of the happening of either said events then this grant to cease and be void.”

At the time of such sale and conveyance plaintiff owned and resided and still continues to reside, upon a tract qf fifteen acres of land lying immediately west of said forty-five acre tract with only the width of a street intervening. At the time of said conveyance the…