Tucker v. . Smith

The plaintiff seeks to recover the school site tract of a half acre upon three theories, to wit:

1. That the deed made by Pollard to the school committee in 1877 did not contain the word “heirs.”

2. That the words in said deed “for the use and benefit of the white children in said school district and no further” created or'imposed a trust, so that when the property was abandoned as a school site, it thereupon reverted to the grantor.

3. That the board of education of Pitt County had no title to the property, and hence no authority to convey the same.

It must be conceded that prior to 1879 the…