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CITY OF SANTA MONICA v. JONES

Docket No. 17839.

104 Cal.App.2d 463 (1951)

232 P.2d 55

CITY OF SANTA MONICA, Respondent, v. GEORGINA S. JONES et al., Defendants and Appellants; PACIFIC ELECTRIC RAILWAY COMPANY et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division One.

May 28, 1951.

Attorney(s) appearing for the Case

H. Kenneth Hutchinson for Appellants.

Royal M. Sorensen, Hill, Farrer & Burrill, C.W. Cornell and E.D. Yeomans for Respondents.

HANSON, J. pro tem.

The first question presented in this action, instituted by the city of Santa Monica to condemn realty for a public use, is whether the heirs at law of the original grantors, of what is conceded by the parties to be a fee on condition, are entitled to all or a part of an award for the taking of a part of the property, upon the theory that because of a breach of the conditions of the grant, the heirs were revested with the estate granted or...

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