JOHNSON V. CITY OF WHEAT RIDGE 532 P.2d 985 (1975) CASE BRIEF

JOHNSON V. CITY OF WHEAT RIDGE

532 P.2d 985 (1975)

NATURE OF THE CASE: This was an action to quiet title. Appealed from order of dismissal.

FACTS: In 1955 and 1957, Decedent conveyed two parcels of land to be used as a public park. The donees of the land conveyed it to the City of Wheat Ridge (D) in 1969. Both of the deeds stipulated that the land was to be used as a public park. The second deed required that the grantee, within a certain amount of time, build a road, clear away fire hazards, and provide a water supply and lavatories. The deed provided that failure to meet any of the conditions would result in a reversion of the land to the grantor or his heirs or assigns. Only one condition, that the second parcel be equipped with a water supply and lavatory within two years of the date of the conveyance, was not met. In 1971, the executor of decedent's estate (P) sued to quiet title to the land in the estate, arguing that the decedent made the conveyance under undue influence, and that D's interest in the land had terminated for failure to meet the condition regarding the water supply. The lower court dismissed P's complaint, and P appeals.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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