Carpenter v. Graber

Citations

• 66 Tex. 465
• 1 S.W. 178
• 1886 Tex. LEXIS 545

Syllabus

<p>1. Deed—Condition—Forfeiture—Construction—A deed stipulated that the land conveyed l)y it should be used “for the purpose of a street only; and in case the same shall be used for any other purpose this deed shall be null and void, and the title to said premises shall revert to” the grantors. It imposed the same condition upon any assignee of the grantee. Held, A forfeiture would have resulted if the grantee or its assignee had let or used the premises for other than the stipulated use, or had-unreasonably delayed in stopping a use not consented to by it and prohibited by the deed.</p> <p>2. Same—Facts—See opinion for facts under which this court could not hold as excessive a delay of ten months by the owner of the land before stopping such a prohibited use by a trespasser.</p>