Williams v. McKenzie

Opinion of the Court by

Turner, Commissioner

Reversing.

On the 29th of August, 1895, appellee W. H. McKenzie and one Melvin Fyffe conveyed to the trustees of common school district No. 8 of Johnson county a tract of land of less than one acre, about one-half of which was from the property of appellee, and the other half from that of Fyffe.

The conveyance was made “in consideration of their respect for the system of common schools of Johnson county,” and was absolute on its face except as hereinafter pointed out. The habendum clause is, “to have and to hold the same, with all the appurtenances…