Hunt v. Coal Run Homemakers Club of Coal Run

DAVIS, Commissioner.

At issue is whether the Coal Run Homemakers Club (hereinafter referred to as Club) has ceased to use a parcel of land for the legitimate purposes of the Club within the meaning of a provision in the deed whereby the Club acquired title to the property. The trial court resolved the issue in favor of the Club, and this appeal results.

In 1932 J. E. Childers and others conveyed a tract of land to the Club, being a lot 83 feet by 133 feet in dimension. The deed contained the following provision:

“It is understood and agreed that the land above described shall be used only for…