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Forsgren v. Sollie

Utah Supreme Court
659 P.2d 1068 (1983)


Facts

In 1960, Forsgren (plaintiff) conveyed 1.4 acres to James Sollie (defendant). The property was bordered on the north and south by Forsgren’s other property. The deed stated the property was conveyed “on the condition” that Sollie surveyed the property and built a fence along the southern border. The deed also provided the property was “to be used as and for a church or residence purposes only.” Sollie left the state without surveying or building anything. Forsgren repurchased a portion of the property through a tax sale. Forsgren then reentered the entirety of the property. In 1972, the LeFleurs (defendants) purchased the property at a tax sale, with the exception of Forsgren’s repurchased portion. In 1978, the LeFleurs paid Sollie to quitclaim his interest to them. After that, Forsgren poured concrete for building footings on the property. The LeFleurs knocked them down. Forsgren then sued to quiet her title. The district court found the deed included conditions subsequent that were not performed and that Forsgren had exercised her right of reentry. Accordingly, the district court granted Forsgren fee simple ownership of the property. The defendants appealed.

Rule of Law

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Issue

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Holding and Reasoning (Oaks, J.)

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Dissent (Howe, J.)

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