United States v. Sequoia Union High School District

These are cross motions for summary judgment under Fed.R.Civ.Proc. 56, 28 U.S.C., in an action for the reversion of two parcels of property to the United States totaling approximately ten acres. The record shows that on September 9, 1948, the plaintiff conveyed the property in question in a quitclaim deed to def end-rant, the Sequoia Union High School District. The conveyance granted to the defendant, pursuant to the Surplus Property Act of 1944, as amended, 50 U.S.C.A. Appendix, § 1622, a one hundred per cent ■public benefit allowance discount from the market price of the property, but ■contained, among others, the following ^condition subsequent:

For approximately five years, until April, 1953, the defendant made no use whatsoever of the property except to clear weeds therefrom. For those five years, therefore, “from the date” of the conveyance, it is entirely clear that the premises were not “continuously used as and for school purposes * * * ” as required by the condition subsequent in the deed.

In April, 1953, the defendant erected, at a cost to it of approximately $2,000, a cyclone fence and a baseball backstop on one corner of the ten-acre tract, and since then has been…