Phipps v. Frances

Opinion of the Court by

Chief Justice Ratliff—

Reversing.

In the year 1908 and some time previous thereto, the appellant was the owner of certain land in Wayne county, Ky., and on the 7th day of December, 1908, for a recited consideration of the sum of $15, she and her husband, Mac Phipps, conveyed to the trustees of the New Charity Baptist Church of Wayne County a certain portion of plaintiff’s land containing approximately two acres. The deed contains this provision:

“To have and to hold the same unto the party of the second part as long as the same is used for church purposes. If it ceases…