Seligman v. Carr

CHIPMAN, P. J.

Action to quiet title. Plaintiffs had the judgment. Defendant Carr disclaimed all interest in the cause. Defendant Webb appeals from the judgment and from the order denying his motion made under sections 663 and 663% of the Code of Civil Procedure. The appeal is upon the judgment-roll, which by stipulation includes the findings of the court and its conclusions of law as well as the judgment. The facts necessary to the decision sufficiently appear in the findings without setting forth the averments, of the pleadings.

It appears from the findings that on January 24, 1881, Samuel, William and John Frey were the owners each of an undivided one-third interest in a certain twenty-acre tract of land situated in Fresno county, and on that day conveyed by grant deed to Valley View School District certain two acres of said tract, “as and solely for the purpose of erecting a public sehoolhouse for the use of said district.” The deed provided that, “in case said land shall cease to be used for school purposes it shall revert to the grantors herein.”

On January 30, 1884, William and John Frey conveyed by grant deed to Samuel Frey “all of our interest in and to the undivided one-half of that lot [describing the twenty-acre tract] excepting the portions now sold by us to other parties.”

On November 10, 1884, Samuel Frey conveyed to defendant Carr by grant deed all his interest in the entire twenty-

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acre tract, which the court found included only one-third interest in the school land. Subsequently, January 7, 1904, William and John conveyed all their interest in the school land to Samuel, but the latter took as trustee of a resulting trust in favor of plaintiffs, who furnished the purchase money, and in furtherance of the trust Samuel, shortly thereafter, January 26, 1904, conveyed to plaintiffs by grant deed, not only all the trust estate but also all interest he then had in the twenty-acre tract. After all these deeds had been executed and recorded, to wit, April 30, 1906, and with full knowledge thereof and of plaintiffs’ rights thereunder, defendant Carr conveyed, without any present consideration, all his interest in the twenty-acre tract to defendant Webb, appellant.

No controversy arises as to the fee, the only question being: In whom is vested the reversionary interest in the two acres conveyed to the school district, which is designated as the school land? The court found that a two-thirds interest belongs to plaintiffs and that one-third is vested in defendant Webb. The court decided that in view of the exception or reservation in the deed of William and John to Samuel Frey, of January 30, 1884, they conveyed to Samuel only an undivided half of their interest in that part of the twenty-acre tract that was not conveyed to the school district; that the school land was excepted from the operation of the deed and hence when Samuel Frey, in November, 1884, conveyed to Carr, his deed conveyed no greater reversionary interest in the school land than he reserved when he deeded to the school district, which was one-third, and this the court awarded to defendant Webb.