United Fuel Gas Co. v. Morley Oil & Gas Co.

Hatcher, Judge:

This case was before us at a former term, when it was reversed for lack of a proper party. Our decision is reported in 131 S. E. 713, where a complete history of the case may be found. We will now state only such of the facts as will make our present decision intelligible.

In December of 1869, T. B. Swann and others, who owned approximately 5500 acres in Roane County, granted to the Township of Geary a tract of one acre, “to be exclusively appropriated and used as a site for a schoolhouse and school for the-said township.” The deed recites a consideration of $10.00, but contains…