Rose v. Board of Directors of School District No. 94

The opinion of the court was delivered by

Parker, J.:

The present action involves conflicting claims to a schoolhouse located on a one-acre tract of land situated in the *721northwest corner of a described quarter section in Miami county, Kansas. On August 10, 1882, David F. Day, owner of the quarter section, his wife joining, executed a deed, conveying such tract to school district No. 94. Among others the deed contained the following provision:

“Said premises to be used as schoolhouse site and in the event said premises are abandoned for said purposes then the land herein described shall revert to…