Barren County Board of Education v. Jordan

COMBS, Justice.

The Board of Education filed this suit to quiet its title to a tract of land which it claims under a deed executed to its predecessor in 1891. The trial court sustained a demurrer to the petition.

The granting clause of the deed is in the usual form of a fee simple conveyance. The habendum clause is as follows:

“To have and to hold the land hereby conveyed together with the appurtenances thereon unto the said trustees, and to their successors in office so long as a good and sufficient schoolhouse is kept thereon and used for common school purposes. Provided: that when a…