City of Casper v. J. M. Carey & Brother

ROSE, Justice.

This action involves the single issue of whether, under the facts of this case, the passage of time has sufficed to extinguish a condition subsequent and a possibility of reverter or right of reentry on condition broken. We will hold that under the facts involved it has not and will affirm the trial court, but will modify the judgment.

This matter came to issue in the trial court when the City of Casper, appellant and owner of a city block of land subject to a condition subsequent, brought a “Complaint in Action to Quiet Title” 1 against the holders of the possibility of…