Consolidated School District No. 102 v. Walter

Dell, Chief Justice.

This is an action brought by plaintiff to enjoin defendants from entering upon certain real estate and for an order of the court declaring the future rights of the parties with respect to the use and occupancy of the premises involved. Plaintiff appeals from a judgment rendered in favor of defendants.

*160On November 2, 1863, Ebenezer Ayres and Ms wife conveyed a small tract of a larger portion of real property they owned to Common School District No. 29 of Washington county. The deed contained the following language which is significant here:

“To have and to hold all and…