## Facts

- In 1897, H. F. Hoppenstedt conveyed a 10-by-16-rod parcel to a school district by warranty deed.
- The deed limited the estate to use “as and for a school house site and school grounds” and provided that if such use ceased, the premises would revert to Hoppenstedt, his heirs, or assigns.
- The parcel was used for school purposes until the school was officially closed on August 16, 1946; the district did not resume school use thereafter.
- In 1952, the school district solicited bids to sell the parcel; it rejected Melvin Wichelman’s bid and accepted Fred Messner’s higher bid, conveying the parcel to Messner.
- After losing the bid, Wichelman obtained quitclaim deeds from Hoppenstedt’s heirs, claiming the property had reverted when school use ended.
- The reverter clause appeared only in the 1897 deed and was never rerecorded or preserved by statutory notice under Minn. Stat. § 541.023.
- Wichelman sued to determine adverse claims and for possession; the trial court ruled for Wichelman (and similarly situated co-owners) and held the reverter remained enforceable.
- Messner and the school district appealed.

## Issues

1. Whether “title” in Minn. Stat. § 541.023 includes a defeasible fee held of record for 40 years, allowing the statute to bar enforcement of old conditions and future interests in the originating deed.
2. Whether § 541.023 is constitutional when it extinguishes unpreserved future interests and conditions in ancient instruments.
3. Whether the unpreserved reverter clause in the 1897 deed could be enforced against the school district’s record title, and whether Wichelman acquired enforceable title by quitclaim deeds from the heirs.

## Decision

- The Minnesota Supreme Court reversed the trial court’s judgment.
- The court held that “title” in § 541.023 is broad and includes record titles that are defeasible fees (including determinable fees and fees subject to condition subsequent).
- The court held § 541.023 is constitutional as a limitations/repose measure that permits extinguishment of stale claims affecting record title, provided a reasonable method and time exist to preserve them.
- Because the 1897 reverter was not preserved by rerecording or statutory notice, it was unenforceable against the school district’s record title.
- The Hoppenstedt heirs therefore had no enforceable interest to convey, and Wichelman’s quitclaim deeds did not defeat Messner’s title derived from the district.

## Legal Principles

- Under Minn. Stat. § 541.023, a record title standing of record for 40 years may become free of conditions, restrictions, and future interests contained in instruments 40 years old or more unless preserved as the statute requires.
- “Title” for purposes of § 541.023 is not limited to fee simple absolute; it includes defeasible fees held of record.
- A marketable title statute may constitutionally extinguish dormant future interests and deed conditions when holders are given a reasonable opportunity to preserve the interest by recording a notice or rerecording.
- Quitclaim deeds convey only whatever enforceable interest the grantor has; if a claimed reversionary interest has been barred, a grantee takes nothing that can defeat the record title protected by the statute.

## Conclusion

The court held that Minnesota’s Marketable Title Act barred enforcement of an unpreserved school-use reverter in an 1897 deed against a school district’s long-standing record title, so the heirs’ quitclaim deeds conveyed no enforceable interest and the district’s sale to Messner stood.


Wichelman v. Messner, 83 N.W.2d 800 (Minn. 1957)