Maxwell v. Custer
| Decision Date | 16 December 1947 |
| Docket Number | 47150. |
| Citation | 30 N.W.2d 177,238 Iowa 1306 |
| Parties | MAXWELL et al. v. CUSTER et al. |
| Court | Iowa Supreme Court |
Fred Louis, Jr., and Bennett Cullison, both of Harlan, for appellants.
More & More, Hines & Higgins, and George O. Hurley, all of Harlan, for appellees.
In the preparation of the printed record little regard has been given to the rules of abstracting. Of about sixty pages of testimony approximately forty pages are set out in needless questions and answers.
Defendants contend that the sale of the one-acre school site and schoolhouse to Glenn Custer, the present owner of the tract or quarter section from which the site was taken, was proper under the record and within the provisions of section 297.15 of the 1946 Code, which is:
Section 297.16, Code, 1946, provides that if the school corporation and said tract-owner do not agree upon the value, the county superintendent of schools shall appoint three disinterested voters of the county to appraise the site.
It is the contention of plaintiffs that the above-quoted sections have no application because the closing of the school was only temporary on account of small attendance; they rely upon section 297.21, Code, 1946, which provides: '* * *. This and sections 297.15 to 297.20, inclusive, shall not apply to cases where schools have been temporarily closed by law on account of small attendance.' Plaintiffs insist that the only reason for closing the school was the lack of sufficient attendance, and that no valid deed to the property could be executed except upon the direction of the electors in the school district, as provided in section 278.1 of chapter 278 of the 1946 Code, entitled 'Powers Of Electors,' which section states: * * *. * * *'
Since the controlling factors in the case, and the only factual issues in dispute, are the purpose in not using the school for the period stated in section 297.15, and the reasons therefor, a statement of the facts is necessary.
Center Township lies near the city of Harlan. A part of it is occupied by the city, thereby reducing the eight subdistricts usually found in a township to seven. The school site involved in this case is in subdistrict No. 1. The school district acquired title to the school site by deed dated May 30, 1872. It is a straight warranty deed with no conditions or reservations of any kind. The quarter section of the grantors came down by mesne conveyances until the title rests in the defendant, Custer. There have been very few children of school age in the subdistrict for several years. Most of the heads of families in the subdistrict are passed middle age and more than fifty years old, and their children have grown up and passed beyond school age. Inquiry was made as to every family in subdistrict No. 1, including the plaintiffs and defendants for a number of years back and the testimony was that no family had children between school grades 1 to 8, inclusive, but Kilpatrick who had one and Grabill who had three. There has been no school interest in this subdistrict for several years. Township school districts elect their directors annually, but for eight or more years no one had been a candidate for director in No. 1. During those years it had been necessary for the board to appoint some one to the office. At the annual meeting in July, 1942 Gale Grabill accepted the appointment. No repairs had been made on the schoolhouse for a number of years.
It had not been painted for ten or more years. Many of the children in the township attended the schools in Harlan. In 1946 school was held in four subdistricts in the township, and in 1945 school was held in but three subdistricts in the township. School buses had been going through the township for a few years hauling children to the Harlan schools. The last school taught at No. 1 was the term ending in the spring of 1943. The enrollment for that term was four. Section 279.15, Code, 1946, provides that no contract shall be made with any teacher to teach an elementary school where the attendance in the preceding term was less than five, nor where it is apparent that at the next ensuing term the average daily attendance will be less than five or the enrollment less than six of school age. When the attendance reaches such minimum the prohibition against employing a teacher automatically closes the school, and no action by the board is required.
At the annual meeting of the board of directors of the township school district on July 1, 1943, it was voted to close the school in subdistrict No. 1. The minutes of the meeting do not show whether the closing of the school was to be temporary or permanent. But the secretary of the board and of the meeting testified that she heard the various members discuss the matter of closing the school in No. 1. She was asked 'And you understood that at that time the school was being permanently closed, is that right?' Her answer was 'Yes.' The president of the board who was a witness for each side testified in both examinations that the permanent closing of the school was talked over at the board meeting and that the board permanently closed the school at the meeting on July 1, 1943. There is no testimony to the contrary. Asked whether at the time the school was closed arrangements had been made for hauling children to other schools, Obrecht, the president of the board, testified: 'Why, yes, we had a bus going practically past the door for two or three years before that and was transporting these kids to school at the Harlan Independent District here, probably cheaper than we could run a school in those districts with a few children.'
On September 24, 1945, a special meeting of the board was held. It was called for the purpose of discussing the purchase of a bus to transport the township school children to the public school at Harlan. The minutes of the meeting state: 'This meeting was called to discuss buying a new bus for Center Township alone. Mr. Brouhard (County Superintendent) was present to help discuss this bus matter. After discussing the cost of a bus, the cost of keeping a bus, etc., it was decided to take a vote on 'whether Center Township should buy a bus.' The votes were six for--none against. The bus in discussion was an International to be bought at Hansen Garage at an estimated price of somewhere around $3000. 'President Obrecht is to see about the bus.'
Gale Grabill, the director for subdistrict No. 1, as a witness for plaintiffs, testified concerning the board meeting of September 25, 1945:
Early in December 1945, Custer talked with Grabill and Obrecht, president of the board, about renting the schoolhouse. Obrecht told him he had no authority to rent or sell it but if he wished to buy it he would call a meeting of the board. The meeting was called for December 17, 1945. Custer and wife attended the meeting. He testified in substance: After considerable discussion a price of $1500 was agreed upon for the ground and the schoolhouse without the school equipment. Custer paid $100 on the contract and agreed to pay the balance when the deed was delivered. The board--five members being present--voted unanimously for the sale and directed the president and secretary to execute the deed. The other two board members were notified of the proceedings and later signed the minutes.
On January 7, 1946, the board met with six members present. The minutes of the meeting state: (Italics supplied.) The deed was signed by the president and secretary and delivered to Custer at this time on payment in full of the purchase price. At this meeting it was ordered that the school furnishings and playground equipment be sold at a reasonable price. A streel cabinet was sold to the secretary at the meeting.
The deed contained this clause: 'And, whereas, the real estate has heretofore been a school site...
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