Anderson v. Modern Woodmen of America

SHINN, P. J. Mary E. Anderson, individually, and as administratrix of the estate of A. G. Anderson, deceased, brought suit against Modern Woodmen of America and Lancaster Camp 7795, Modern Woodmen of America, to quiet title to a parcel of land situated in Lancaster in Los Angeles County. In the complaint the property was described by metes and bounds but it was further identified in a joint pretrial statement and pretrial conference order by reference to a certain deed recorded in book 8116, page 269, official records in the office of the county recorder of said county. Modern Woodmen of America, having filed its disclaimer, the cause was tried and judgment entered that Lancaster Camp 7795, Modern Woodmen of America, is the owner in fee simple, entitled to possession of the aforesaid property, and that the plaintiff in either capacity has no right, title, interest, claim or estate in or to the same. Plaintiff appeals individually and as administratrix.

January 13, 1927, plaintiff and her then husband by grant deed conveyed the land to Lancaster Camp 7795, Modern Woodmen of America. Following adequate terms of grant, the deed read: “This deed is given and accepted with the condition subsequent that should the same ever be used for any other purpose than a site for a lodge room or hall for the grantee herein named or its successors, then the same shall revert to and become the sole property of the grantors herein named, their heirs or assigns, to Have and to Hold to said grantee with above restrictions.” It was duly recorded. May 7,1929, plaintiff and her then husband executed another deed of grant to the same grantee which contained [32]the following provisions: “This deed is given and accepted with the condition subsequent that should the same ever be used for any other purpose than a site for a lodge room or hall for the grantee herein named or its successors, then at the option of the trustees G. W. Black, J. W. Smith and Gus Anderson any money received revert to Lancaster Camp 7795 Modern Woodman [sic] of America. To Have and to Hold to the said grantee or assigns forever. ’ ’

It was admitted and the court found that at the times of the execution of the respective deeds the property was vacant; that thereafter it was improved with a building used as a lodge room and hall and for social affairs of the Camp; December 20, 1955, the buildings were destroyed by fire and ever since the property has remained vacant to the time of trial; the trustees named in the deeds were deceased at the time of the commencement of the action but other trustees now represent the camp.