Mouat v. Seattle, Lake Shore & Eastern Railway Co.

Citations

• 16 Wash. 84
• 47 P. 233
• 1896 Wash. LEXIS 14

Syllabus

<p>DEED — CONSTRUCTION — CONDITION SUBSEQUENT — BREACH — FORFEITURE—ACTION TO QUIET TITLE.</p> <p>A provision in a deed of land to a railroad company that “this deed is made subject to the condition that in case said land shall cease to be used for railroad purposes the same shall revert to the first parties, their heirs and assigns,” grants an estate upon condition subsequent and not one upon conditional limitation. (Dunbar, J., dissents).</p> <p>A grantor cannot obtain a decree of forfeiture of an estate for breach of a condition subsequent by an action in equity seeking to quiet his title thereto.</p> <p>The failure of a railroad company for four years to use its tracks upon land, which had been deeded to it upon condition that the land should revert, in case it should cease to be used for railroad purposes, does not constitute a breach of the condition, nor show permanent abandonment, when there are no acts showing such intent other than the temporary non-user of the tracks.</p>