Friday, November 29, 2013

Wood v. Board of County Commissioners of Fremont County case brief

Wood v. Board of County Commissioners of Fremont County case brief summary
759 P.2d 1250 (Wyo. 1988)


CASE SYNOPSIS
Appellant grantors sought review of the order from the District Court of Fremont County (Wyoming), which granted a summary judgment in favor of appellee grantee in the grantors' complaint seeking the recovery of the value of land conveyed to the grantee.

CASE FACTS
The grantors filed a complaint against the grantee, the board of county commissioners, seeking the recovery of the value of land conveyed to the grantee for the construction of a county hospital. The district court granted a summary judgment in favor of the grantee.

DISCUSSION

  • On appeal, the grantors contended that the language used in the deed conveying the land created either a fee simple determinable or a fee simple subject to a condition subsequent with a right of reversion. 
  • The court affirmed the summary judgment in favor of the grantee and held that: 
  • (1) the language in the deed did not create a fee simple determinable; and 
  • (2) the deed failed to clearly state the grantors' intent to retain discretionary power to reenter the land if the land ceased to be used as a hospital. 
  • The plain language of the deed was considered in determining the grantors' intent.

CONCLUSION
The court affirmed the summary judgment in favor of the grantee on the grantors' complaint seeking the recovery of the value of land conveyed to the grantee.

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