Hopkins v. Sch. Dist. of Sherman Tp., Story Cnty.

Citation155 N.W. 168,173 Iowa 43
Decision Date16 December 1915
Docket NumberNo. 29908.,29908.
PartiesHOPKINS v. SCHOOL DIST. OF SHERMAN TP., STORY COUNTY.
CourtUnited States State Supreme Court of Iowa

OPINION TEXT STARTS HERE

Appeal from District Court, Story County; C. G. Lee, Judge.

Petition for rehearing. Petition overruled.

For former opinion, see 151 N. W. 443.Charles H. Hall, Ed M. McCall, and Harry Langland, all of Nevada, Iowa, for appellant.

B. B. Welty, of Nevada, Iowa, for appellee.

EVANS, J.

In our original opinion we confined our discussion to the provisions of Code, § 2816, and disposed of the case on the theory that such section was controlling of the rights of the parties, and that we need not discuss the effect of the provisions of the deed under which the defendant school district acquired its school property in 1877. Such deed contained the following proviso:

“Provided, however, if said land ever ceases to be used exclusively for schoolhouse lot, it shall revert back and title shall thereupon be vested in said Wm. Flickinger, his heirs or assigns, the same as if this deed and sale had not been made.”

It is strenuously urged in the petition for rehearing that the provisions of the statute were superseded by the voluntary conveyance of the grantor to the district, and that the rights of the parties should be determined under the provisions of such deed, and not under the statute. This proposition is plausible upon its face, and is entitled to consideration in the opinion.

The argument for the appellant on this feature of the case is that section 2816 has no application to a voluntary conveyance of property, but only to cases where property has been acquired by condemnation proceedings, that there was an inherent right in the parties to the contract to make their own contract, and that such contract must necessarily govern their future relations.

The power, authority, and method of acquiring schoolhouse sites by school districts are set forth in Code, §§ 2814-2816. These sections were in force in 1877, when the defendant acquired its schoolhouse site. By a perusal of these sections it will be seen that the distinction between a voluntary conveyance by deed and an involuntary conveyance by condemnation which is urged by appellant does not obtain in the contemplation of this statute. These sections (omitting matters not necessary for our present consideration) are as follows:

Sec. 2814. Schoolhouse Sites--Acquisition.--Any school corporation may take and hold so much real estate as may be required for schoolhouse sites, for the location or construction thereon of schoolhouses and the convenient use thereof, but not to exceed one acre, except in a city or incorporated town it may include one block exclusive of the street or highway, as the case may be, for any one site, unless by the owner's consent, which site must be...

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3 cases
  • Waddell v. Bd. of Dirs. of Aurelia Consol. Indep. Sch. Dist.
    • United States
    • Iowa Supreme Court
    • December 13, 1919
    ...fee-simple title of the school site. [1] The trial court followed our holding in Hopkins v. School District, 173 Iowa, 43, 151 N. W. 443, 155 N. W. 168. In that case we held that the provisions of section 2816 were applicable to “any real estate” held by a rural school district for schoolho......
  • Dvorak v. School Dist. Tp. of Dodge of Guthrie County
    • United States
    • Iowa Supreme Court
    • April 2, 1946
    ...As throwing light on this matter, attention is called to the following cases: Hopkins v. School District, 173 Iowa 43, 101 N.W. 443, 155 N.W. 168; Waddell al. v. Board of Directors, 190 Iowa 400, 175 N.W. 65. As to the construction of covenants in conveyances and the effect thereon by subse......
  • State v. Booher
    • United States
    • Iowa Supreme Court
    • December 16, 1915

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