Waddell v. Board of Directors
Supreme Court of Iowa
Appeal from Cherokee District Cov,rt. — William Hutchinson, Judge. Suit in equity by five plaintiffs to enjoin tbe board of directors of a rural school district from selling to others than the plaintiffs five certain schoolhouse sites, in violation of the rights of the respective plaintiffs under the provisions of Section 2816 of the Code.
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Appeal from Cherokee District Cov,rt. — William Hutchinson, Judge. Suit in equity by five plaintiffs to enjoin tbe board of directors of a rural school district from selling to others than the plaintiffs five certain schoolhouse sites, in violation of the rights of the respective plaintiffs under the provisions of Section 2816 of the Code. The general nature of the defense was that the school district held an absolute fee title- to its school sites, and that, therefore, Section 2816 and its parent statute were not applicable. There was a decree for the plaintiffs. The defendant appeals. —
1DissentSalinger, J.
I. What right have these plaintiffs to enjoin this sale ? Grant the general proposition that the word “owner,” as used in the reversion statute, ordinarily refers to the present owner. What is to be said where it appears *411conclusively that the claimant is not the present owner ? What is to be done with those deeds which expressly excepted the land in question from the deed? It is undisputed that, in all the conveyances through which the plaintiffs claim title, no deed “assumed or pretended to convey any interest in the said one acre of land, and the said one acre was excepted from each of said…
2Cases cited1 opinion
- Hopkins v. School DistrictSupreme Court of Iowa · 1915