Hooper v. Hooper

HEDRICK, Judge.

Defendant contends the court erred in entering summary judgment for plaintiff, and argues that summary judgment for her should have been entered. Defendant contends the uncon-troverted facts disclose the condition was not breached, and that if it was, the grantors never exercised their right of re-entry.

There is no question that the 1958 deed to plaintiff and defendant created a fee simple on condition subsequent. Not only did the grantors reserve a right to re-enter upon breach of the conditions, they further provided that the deed would be null and void upon such breach and…