Hartwig v. Central-Gaither Union School District

California Supreme Court Feb 15, 1927 No. Docket No. Sac. 3768.Published

Before: Langdon

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Holding. The court held that the reversionary interest in the school land did not pass to the plaintiffs because the deed from the original grantors to the plaintiffs' predecessor in interest expressly excepted the school lot from the conveyance.

Issues

Whether the reversionary interest in land conveyed for school purposes passed to the grantee of the larger tract when the deed contained an excepting clause for the school lot.
Whether the excepting clause in the deed was effective to reserve the reversionary interest in the grantors.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The grant was not of the entire quarter-section, but of the quarter-section, less one acre, more or less, which was more particularly described by reference to a previous conveyance.”

“It appears from the undisputed facts that neither the plaintiffs nor the defendants have any right, title, or interest in the land to which title was sought to be quieted, and the judgment and decree appealed from is affirmed.”

LANGDON, J.

This is an appeal by plaintiffs from a judgment in an action to quiet title to certain real property in Sutter County, California. The judgment decreed that neither the plaintiffs nor the defendants had any right, title, or interest in the land in controversy.

On August 4, 1873, the land involved here, as a part of a larger tract, was the property of James W. Gaither, and on that date he and his wife, by good and sufficient deed, granted to the trustees of the Gaither School District a lot consisting of one acre and 106 square rods, situated in the northwest quarter of section 32, township 14 north of range 3 east, Mount Diablo meridian, and running south nineteen rods; thence east fourteen rods; thence north nineteen rods, and thence west fourteen rods to the place of beginning. This deed contained the condition that said premises should be used for educational purposes only and that when they ceased to be so used they should revert to the grantors thereof, their heirs and assigns.

According to the stipulation of the parties as to facts and the findings of the trial court, about a year after the execution of the deed above mentioned, Gaither and his wife granted and conveyed to Bethel Way “the Northwest quarter of section thirty-two, Township Fourteen north, Range three Bast, Mount Diablo Meridian in Sutter County, California, containing 160 acres,

less one acre and one hundred and six square rods deeded by said James

Gaither and M. E. Gaither, his wife in the year 1873 to Gaither School District, said lot being the northwest corner of the above parcel of land.”

There were no further conveyances from the Gaithers, and the plaintiffs, by mesne conveyances, have succeeded to all right, title, and interest of Bethel Way under the aforementioned deed to him by Gaithers in 1873. In the meantime, as found by the trial court, the land granted to the school district had ceased to be used for school purposes for more than three years prior to the bringing of this action. The “school land” had reverted, therefore

(Papst

Hamilton,

133 Cal. 631 [66 Pac. 10]), and the question presented

[427]

Hartwig v. Central-Gaither Union School District

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LANGDON, J.

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