Board of Education v. Brophy

Lewis, V. C.

By a deed dated December 24th, 1858, William Brophy and Mary, his wife, conveyed by deed of warranty, for the express consideration of one dollar, certain lands to “the Trustees of Union District School No. 9, of the Township of Aequackanonk.” The granting clause is to such trustees “and to their successors and assigns forever;” and the habendum “to said parties of the second part, their successors and assigns forever,” and so with the covenant of warranty.

The present controversy has arisen because of the following phrases in the deed (after the description of the land) : “Which…