Collins v. Church of God of Prophecy

Otis H. Turner, Justice.

On August 29,1944, W.E. Collins executed and delivered to appellee Church of God of Prophecy a warranty deed containiñg the following clause:

This transfer or deed is made with the full understanding that should the property fail to be used for the Church of God, [it] is [to] be null and void and property to revert to W.E. Collins or heirs.

The appellee church, desiring to sell the property and relocate, filed this action to cancel the clause in question and to quiet and confirm title in and to the property in the church. The trial court granted to the appellee the…