School District No. 21 v. Wallowa County
Oregon Supreme Court
From Wallowa: Gustav Anderson, Judge. In Banc. Statement by Mr. Justice Burnett. This is an action of ejectment by School District No. 21 of Wallowa County against Wallowa County. Upon a real controversy between the parties they have submitted their case upon an agreed statement of facts.
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From Wallowa: Gustav Anderson, Judge. In Banc. Statement by Mr. Justice Burnett. This is an action of ejectment by School District No. 21 of Wallowa County against Wallowa County. Upon a real controversy between the parties they have submitted their case upon an agreed statement of facts. It appears that certain persons, during 1907, conveyed to the defendant some real property containing the following conditions: “For the purpose of a site or part of a site for a county high school and buildings connected therewith. And it is understood that this conveyance is made and accepted on condition…
1Opinion of the CourtJustice Burnett
Ejectment is the proper remedy to he employed by the grantor of real property to recover the same for breach of a condition subsequent and may be maintained without previous demand for possession: Seeck v. Jakel, ante, p. 35 (141 Pac. 211). This remedy, however, does not inure to the one to whom the grantor in the original deed may afterward attempt to convey the premises either before or after breach of the condition. The reason is that by the first conveyance the whole estate went out of the grantor therein. He had nothing left to convey. True enough, there was a possibility that some time…
2Cases cited5 opinions
- Ruch v. Rock IslandSupreme Court of the United States · 1878
- Seeck v. JakelOregon Supreme Court · 1914
- Board of Education v. BakerTennessee Supreme Court · 1910
- Berenbroick v. St. Luke's HospitalAppellate Division of the Supreme Court of the State of New York · 1897
- O'Donnell v. RobsonIllinois Supreme Court · 1909
3Cited by5 opinions
- Wagner V. Wallowa CountyOregon Supreme Court · 1915
- State ex rel. Department of Transportation v. TolkeCourt of Appeals of Oregon · 1978
- Magness v. KerrOregon Supreme Court · 1927
- Stansbery v. ChurchOregon Supreme Court · 1916
- O'Connor v. City of Saratoga SpringsNew York Supreme Court · 1933