Schurch, Trustees v. Harraman

OPINION

By GUERNSEY, J.

It will be noted that the only condition relating to the use of the premises, differing from an ordinary form of deed, is contained in the habendum clause, and that the granting clause runs to the grantees, thoir heirs and assigns forever; and that the habendum clause, except for the provision “so long as said lot is held and used for church purposes,” runs to the grantees and their successors; both clauses, except for said provision, being in the ordinary form of a conveyance of an estate in fee simple.

The basis of the decision of the Supreme Court in this ease is that…