Board of Directors of Ft. Scott Public Library v. City of Ft. Scott

• Decision Date: 30 January 1932
• Docket Number: 30263.
• Parties: BOARD OF DIRECTORS OF FT. SCOTT PUBLIC LIBRARY v. CITY OF FT. SCOTT et al.
• Court: Kansas Supreme Court

7 P.2d 533

134 Kan. 586

BOARD OF DIRECTORS OF FT. SCOTT PUBLIC LIBRARY v. CITY OF FT. SCOTT et al.

No. 30263.

Supreme Court of Kansas

January 30, 1932

Syllabus by the Court.

Board of directors of public library, vested with power to own and control property, held to have legal capacity to maintain suit to protect ownership and control (Rev. St. 1923 12--1204, 60--729).

Defendant's deed conveying land to plaintiff in ejectment, without reservation, cannot be defeated by prior oral agreement.

1. An administrative board, vested with the power to own and control property, has the legal capacity to maintain a suit in the courts to protect its ownership and control of such property.

2. A deed conveying land without any reservation in which the defendant is grantor and the plaintiff grantee, when admitted in evidence, establishes a prima facie case in favor of the plaintiff in an ejectment action, and cannot be defeated by an oral agreement made prior to the execution of such deed.

Appeal from District Court, Bourbon County; Charles F. Trinkle Judge.

Action by the Board of Directors of the Fort Scott Public Library against the City of Fort Scott and others. Judgment for the defendants, and the plaintiff appeals.

Reversed with directions.

A. M. Keene, of Ft. Scott, for appellant.

John L. Connolly, of Ft. Scott, for appellees.

SLOAN J.

This action is one in ejectment. The defendants prevailed, and the plaintiff appeals.

It is alleged in the petition that the plaintiff is duly organized and existing under and by virtue of the laws of the state of Kansas; that it has a legal estate in and is the owner of lot 1 and the north half of lot 3 in block 123, city of Ft. Scott; that it is entitled to the full possession of said real estate, and the defendants unlawfully keep it out of the possession thereof. The answer is a general denial. The case was tried to the court without a jury, and the court made findings of fact and conclusions of law, as follows:

"Findings of Fact.

"1. On April 1, 1902, the City of Fort Scott, at the regular meeting of the City Council, adopted a resolution accepting the offer of Andrew Carnegie to donate $18,000.00 for a free public library, if the City would furnish a site for the building, and agree to levy an annual tax sufficient to produce $1,800.00 for maintenance of such library.

"2. In the resolution of April 1, 1902, the City Council designated the lots then known as the city lots at the southeast corner of Second and National Avenue as the site for the proposed building and agreed to convey the said lots to the Board of Directors of the Fort Scott Public Library. This resolution also pledged the City to levy an annual tax sufficient to raise $1,800.00 for the maintenance of a free public library.

"3. The Board of Directors of the Fort Scott Public Library then owned Lot (5) Block (104), now occupied by the fire department and the City owned Lot (1) and the north half of Lot (3) Block (123) where the library building now stands. On November 3, 1903, a joint deed was executed whereby the City conveyed to the Board of Directors of the Fort Scott Public Library the lots at Second and National Avenue, and the Board of Directors of the Fort Scott Public Library conveyed to the City, its lot on Scott Avenue. This deed was never recorded it was apparently lost and forgotten until a few months ago.

"4. When the library building was constructed, there was an oral agreement between the City and the Library Board that the City might occupy the first floor of the building, and that part of the building was planned to suit the convenience of the City.

"5. Pursuant to the oral agreement between the City and the Library Board, whereby the City might occupy the first floor of the library building, the City bought the necessary furniture for these rooms and constructed at its own expense, a large vault for the city records. Over the vault door was printed the words, 'City Clerk.'

"6. No record was made by the City or by the Library Board of the oral agreement for the use by the City of the first floor of the library building. The reason no record was made of this agreement, was that the Carnegie Corporation might learn of the agreement and demand the return of its $18,000.00, because the building, or that part of it, was being diverted from library purposes.

"7. On June 13, 1927, the plaintiff notified city officials in writing, to vacate the library building.

"8. Pursuant to the oral agreement between the City and the Library Board, the City has continued to occupy the east rooms of the first floor of the library building, since its completion in 1902 or 1903.

"9. Some time after the building was completed, the date is not disclosed by the evidence, the Board of Education was allowed to occupy the west rooms of the first floor of the library building. The Board of Education moved into the west rooms with the consent of the City and the Library Board and has continued to use the west rooms of the building to the present time.

"10. In addition to building the vault on the first floor of the library building at its own expense, the City paid the cost of the building in excess of the $18,000.00 donated by the Carnegie Corporation. The cost of the building in excess of the amount donated by the Carnegie Corporation is shown by the evidence to have been 'a few hundred dollars.'

"11. The City has contributed to some extent on janitor hire, and re-decorating the rooms on the first floor of the building. The amount of these contributions is not shown by the evidence.

"12. The Fort Scott Public Library is not a corporation nor a partnership, but it is a voluntary association whose directors are appointed by the Mayor of the City of Fort Scott. The...