The advocate., 1895-03-13
SUPREME COURT SYLLABL.
Conttnued from page 10.

N"sss'''NSN SsN'' PssDN @p'
Co. covenanted by separate instrument, duly
executed and acknowledged, to construct its
line OF railway through the lands granted,
and erect and forever maintain on said tract
o passenger depot, and freight depot, Of o
size and character suitable and sufficient for
mmodation OF the public, at said point, and
10 cause all passenger and freight trains to
stop at su h depots respectively. so as totrans-
act and perform all business that may be
there offered, and it was provided therein
that "If said company shall fail to coDstruCs
its line Of railroad through said tract Of land
and erect thereon said passenger and freight
dep0ts within one year from this date, or shall
fail to keep and maintain said depOts, and use
the same as herein provided, then the convey
ancs Of said real estate to said company shall
be void, and said real estate shall revert TO
said r. and his heirs" Both instruments
were fled for record at the same time and
afterwards recorded. The Ry. Co. constructed
its rallF DAD and buildings suitable for freight
and passenger depots, and stopped all its trains
there&t, but failed to use the building de-
signed for passenger depot as such, up 10
ehe time OF the commencement OF this action,
period OF more than year and ten months
after the date Of the contract, It used another
building about mile away as its Topeka pas.
seDger depot Held, That these instruments
together constitute q conveyance on condt.
lions subsequent that the facts found by the
trial court show substantial breach Of the
conditions and that the title reVeFts to the
plaintiffs who are heirs OF the grantor.
B. Under the facts stated, the plaintiffs, al
!eglpg In their petition that they ere the
legal and equitable owners OF the real prop.
erty entitled TO the immediate possession
thereof, and that the defendants unlaWfully
keep the plaintiffs out Of possession, may
maintain an action In the nature OF eject.
ment without first making o formal entry on
the lands
6. The filing OF plats by the grantor and his
heirs after breach OF the conditions OF the
conveyance, but before claiming forfeiture
on account thereof, showing the location OF
the defendants railway, side tracks and build.
lnRs' and designating part OF the lands con-
yeyed as X. N. q ID. depot grounds, but which
do not indicate che boundaries OF the lands
occupied by the railroad company, nor con-
tain any words expressive OF an intent to
make any dedication TO railroad uses, and
where the railroad grounds are not sur
rounded, nor included within the plated poT-
tiOn, does not amount to dedication Of such
IAnds TO railroad uses, nor constitute waiver,
or estoppe barring the plaintiffs recovery for
any breach Of conditions occurring subse.
quene to the filing OF such plSts,
2. Conditions subsequent, working o for
Heiturs OF an estate, are to DO strictly con-
Btrued.
8 After the execution Of the deed and cen.
tract the railway company took possession OF
the land conveyed, constructed line Of rail
road across 1T, built sidetracks, depot build.
ings, round house, stock yards, water tank,
and other strutures and conyenlences for its
accommodation thereon; Held, that IL the
defendants elect to retain the land and i'm
pFoVements, they 81 ould be permitted to do
so on payment OF the value Of the land exclu.
Blve Of Improvements placed thereon by the
defendants, measured as OF the date OF the
commencement OF this action, with interest
from that date.
0. AS the findings OF fact in this case fail
10 show, either the value OF the improvements
made by the defendants or the value Of the
land, this court cannot direct what judgment
should be entered by the trial court and must
order new trial.
All the justices concurrlng.
A true copy.
Attest: CJ. BROWN,
[sEALl Clerk Supreme Court