Papst

Appeal by the defendants from a judgment for plaintiff on demurrer to the complaint. The complaint alleges the ownership of certain land by the plaintiff, December 8, 1882, and the execution by him of a deed, of that date, to the defendants, and others now deceased, conveying to them, “as joint tenants, with right of survivorship as such, and not as tenants in common,” etc., the land mentioned, “upon the conditions, however, that the premises shall be used solely for the purpose of erecting, furnishing, keeping, and' maintaining thereon an academic or collegiate school for the purpose of educating the young people and students in the higher as well as more common and useful branches of education, and for a residence or residences thereon for the professors or teachers and students of the said institution while engaged in their duties therein, and for no other purpose whatever.” It is alleged in the complaint, “that for more than five years last past the said grantees in the said deed, or their successors, have failed and neglected to use the premises described in the said deed for the purpose, or any of the purposes, above specified as a consideration for the said deed, and have…