Mountain City Missionary Baptist Church v. Wagner

This suit was filed by the trustees of the appellant church asking that the Court declare a clause in the deed to the church as a cloud on the title to the real estate de scribed in the deed to the church trustees. The Chancellor held that the deed to the trustees created a determinable fee and could not be considered as a cloud on the title, and dismissed the complainants’ bill. The complainants have seasonably appealed and assigned errors. We now have the matter for determination.

The deed in question was made on March 2, 1885, and recorded within a few weeks thereafter in the Register’s…