Seloover v. Columbia County Administrative School District No. 5
Seloover v. Columbia County Administrative School District No. 5
Opinion of the Court
Defendant School District (District) seeks reversal of the trial court’s order granting reformation of a deed conveying certain land to plaintiff’s parents, now deceased, plaintiff’s predecessors in interest. Plaintiff claimed a mutual mistake at the time of the execution of the deed in that the parcel described was only a portion of that which the parties had previously agreed would be conveyed. Defendant filed a counterclaim to quiet title. Defendant denied there had been a mutual mistake but asserted that even if there had been a mutual mistake the deed could not be reformed because (1) the conveyance was a gift and as such cannot be reformed, and (2) the conveyance was not authorized by the voters as required by statute,
The trial court found: the conveyance was not a gift; the conveyance was not made in contravention of statutory authority; there had been a mutual mistake in the description contained in the deed; and it did not conform to the antecedent agreement between the parties. We affirm the order granting reformation.
The land in question (South parcel) is located in Clatsop County and consists of about two acres. It was deeded to defendant’s predecessor school district in 1911. Although the South parcel apparently was never used by the District, an adjoining two-acre parcel (North parcel), also owned by the District, had at one time been the site of a school which burned in 1936
In 1936 defendant’s predecessor advertised the sale of school district property and acquired the necessary authorization from the voters to sell the land.
The requirements for obtaining reformation of a written contract are set forth in Jensen v. Miller, 280 Or 225, 228-29, 570 P2d 375 (1977) as follows:
"* * * (1) that there was an antecedent agreement to which the contract can be reformed; (2) that there was a mutual mistake or a unilateral mistake on the part of the party seeking reformation and inequitable conduct on the part of the other party; and (3) that the party seeking reformation was not guilty of gross negligence. * * * ”
The District obtained the necessary authority to sell school district property in 1936. Although not entirely unambiguous, that authorization apparently referred to both the North and South parcels. While only the North parcel was sold in 1937, the authorization implies an intent to sell the South parcel as well.
The facts recited above also support the contention that there was a mutual mistake in the description contained in the deed. After the conveyance the District apparently considered all of its property in the area sold because it was unaware until 1975 that it still held title to part of the South parcel. The continued use of the entire parcel by plaintiff’s family indicates they believed they had purchased the entire two acres, and the facts indicate this belief was also that of the District. See Bird v. Mayo, 75 Or 100,145 P 13 (1914).
There is no evidence to support defendant’s contention that the 1955 conveyance was a gift aside from the recitation of $1 consideration. In view of the fact that the parties dealt at arm’s length and the fact that the grantor was a school district with, as defendant points out, no authority to give property away, the recital of $1 consideration is not sufficient by itself to establish that the conveyance was a gift.
Affirmed.
Defendant contends the conveyance was governed by two statutes, ORS 332.150 and 332.080, in effect at the time of the 1955 deed. ORS 332.150 provided for the acquisition and disposition of schoolhouse sites and is not applicable to the parcel in question which was not the site of a schoolhouse and apparently was not appropriate for a schoolhouse. Former ORS 332.080 provided:
"* * * The district school board may also sell, lease or otherwise dispose of any property belonging to the district, when authorized to do so by a majority vote at any legally called school meeting if the call for such meeting stated that such sale, lease or disposition would be one of the objects of such meeting.”
Defendant acknowledges that the authorization obtained in 1936 may have covered both the North and South parcels, but questions the length of time that authorization remained effective.
The deed conveying the North parcel describes the proposition to sell "the Hagglund school property” and sets forth the notice setting the time for a meeting "to accept or reject any bids for the sale of land belonging to [the District’s predecessor].” It further states that "no bids were received for the land, but later John Hagglund offered $90 for two acres * * The statement that John Hagglund offered to buy "two acres” is subject to the interpretation that more than two acres were offered for sale.
Reference
- Full Case Name
- SELOOVER v. COLUMBIA COUNTY ADMINISTRATIVE SCHOOL DISTRICT NO. 5
- Cited By
- 2 cases
- Status
- Published