Deed—Condition Subsequent—Reverter for Breach—Right of Reentry—Transferability.—The common-law rule that the benefit of a condition subsequent in a deed could be reserved only to the grantor and his heirs has been changed by section 1046 of the Civil Code, which provides that “a right of re-entry, or of repossession for breach of condition subsequent, can be transferred.”

Id.—Estate in Reversion—Condition Subsequent—Assignment Before Breach.—The reservation in a grantor of the right to reenter, on abandonment by the grantee of the designated purpose and use for which land is granted, is a contingent estate and not a mere naked possibility of a future right, and such an estate, under section 699 of the Civil Code, may pass by will or transfer.

Ib.—Condition Subsequent—Construction.—Under a deed of gift to a city of land described as a dam, reservoir and ditch, and identifying the property as the “reservoir, dam, and ditch delineated on a map” accompanying a specified report of “Consulting Engineers on the Subject of Water Supply for Irrigation,” which deed contained a condition that in case the city should “cease to use the said premises for the said purposes of the erection and maintaining of said dam, reservoir, and ditch,” the premises should revert to and become the property of the grantor, his heirs, executors, administrators, or assigns, it was plainly intended that the city should enjoy the use of the property for its reservoir and ditches, so long as it maintained them as a part of its irrigation system as then contemplated, that its right should be forfeited upon its abandonment of the property for the designated use, and that the reservation in the grantor was one which should pass to the heirs or assigns of the grantor.

Id.—Condition Subsequent—Breach of Condition—Injunction.—If, in such a ease, a city prepared to use the land for a fair ground, park, public building, or other similar purpose, an assignee of the grantor could invoke the powers of a court of equity to prevent such a consummation.

Id.—Condition Subsequent—Right to Enforce—Residuary Devisee of Grantor.—The estate in reversion left in a grantor by such a deed is sufficient foundation for the right of a residuary devisee to enforce a forfeiture by re-entry for breach of a condition ■ subsequent.