Reclamation Dist. No. 551 v. Van Loben Sels

Action to quiet title. Judgment was entered in favor of plaintiff and defendant Van Loben Sels, and against defendant McCullough, who has appealed therefrom on the judgment-roll and a bill of exceptions.

The controversy is about a small lot of 2.6 acres described in the complaint by metes and bounds. Plaintiff is a reclamation district organized under the laws of California for the purpose of reclaiming swamp and overflowed lands.

In September, 1895, one Olsen was the owner of the lot, and in consideration of $924.88 conveyed the same to plaintiff by grant, bargain, and sale deed. The deed contained the following concluding clause: “To have and to hold the same unto the said Reclamation District No. 551, its successors and assigns, for the purpose of reclamation only; that is, for the purpose of constructing and maintaining thereon reclamation-works consisting of levees, pumps and pump-house, drains, ditches, and other reclamation-works used in and about the reclamation of the lands of said Reclamation District No. 551, and if said lands shall cease to he used for such purposes, the same shall thereupon revert to the said party of the first part, and all right, title, and…