Board of Education v. Trustees of First Baptist Church of Normal

The object of this suit was to recover the purchase money of a house and lot of ground, sold by the trustees of the church to the board of education.

The declaration contained special and the common counts; and the pleas Avere, non-assumpsit, failure of title, and the statute of frauds.

It is urged that there was a forfeiture of the estate when the trustees ceased to use the property for church purposes. The deed to the trustees provided that the property should be used for church purposes only, but when it ceased to be so used, that the grantees should pay to the grantor $200; and then the…