Liebrand v. Otto
California Supreme Court · 1880-07-05 · cited 19×
The case involved a landowner who deeded parcels of land to trustees for a railroad company conditioned on building a depot and shops on a specific two-acre tract, fencing it, and using it exclusively for railroad purposes, with reversion if conditions were not met; the company took the right-of-way but built its depot elsewhere and never used or improved the two-acre parcel. The plaintiff sued to remove the deed as a cloud on his title and to compel reconveyance, alleging the conditions were breached and the conveyance was induced by fraud. The trial court sustained a demurrer to the amended complaint, but the Supreme Court reversed, ruling that a demand was unnecessary, the statute of limitations did not bar the suit by a party in adverse possession seeking to quiet title against a record claim, and equitable relief or reconveyance under the Civil Code was available since no adequate legal remedy existed.