Flaum v. Middlebury, Inc.

Nichols, Justice.

This is a quiet title action. Code Ann. § 37-1411. The trial court granted appellee’s motion for partial summary judgment, ruling that a reversionary clause in a deed was invalid. That clause states: “The Grantee, its heir’s, successors and assigns do expressly agree that should the aforedescribed property not be used for roadway purposes then in that event, said property shall revert to the Grantor.”

Under our law this reversionary clause is valid. The clause creates a limitation upon the estate conveyed; namely, that the estate is vested in the grantee while it is used for…