Higbee Corporation v. Kennedy

PRICE, Judge:

This appeal arises from the trial court’s order sustaining appellee’s demurrer to appellant’s answer and new matter. Appellant, James J. Kennedy [hereinafter Kennedy], contends that the trial court erred in determining that his interest in the disputed tract of land was a fee simple determinable. For the following reasons we agree with appellant and, therefore, reverse the order and remand for further proceedings consistent with this opinion.

To determine the propriety of an order granting a preliminary objection in the nature of a demurrer, we must “[accept] as true all…