Wichelman v. Messner

In 1897 H. F. Hoppenstedt conveyed a parcel out of lot 4 of his farm located in Sibley County, Minnesota, to the predecessors of Fred Messner, the Independent Consolidated School District No. 81 of Sibley County (the school district), and Victor and John Glaeser (collectively, the conveyees). The deed conveying the parcel contained a provision stating that if the parcel was not used and operated as a school or if the use and occupancy ceased, the parcel would revert back to the ownership of Hoppenstedt and his heirs, executors, and administrators. The parcel was used for school purposes from 1897 until 1946. In August 1946, the school district closed the school. In May 1952, the school district solicited bids for the purchase of the parcel. Marvin Wichelman (plaintiff) submitted a bid for $1,356, which the school district rejected. Fred Messner (defendant), who was the present owner of the Hoppenstedt farm, submitted a bid of $1,650, which the school district accepted. Wichelman then obtained quitclaim deeds from Hoppenstedt’s heirs and filed an action for the determination of adverse claims. The restriction from the original 1897 deed had never been rerecorded. At trial, the parties argued over the application of § 541.023, the Minnesota statute pertaining to restrictions and covenants appearing in documents more than 40 years old. Wichelman asserted that the parcel continued to be subject to the reverter contained in the 1897 deed, so that the heirs automatically had claim to the parcel and the quitclaim deeds from the heirs passed the land to Wichelman. The conveyees argued that § 541.023 prevented a property from being encumbered by a deed or restriction that was over 40 years old at the date of the act’s inception or that would be 40 years old as of January 1, 1948, unless the restriction was rerecorded. The trial court found for Wichelman, and the school district and Messner appealed.