ROBERTS V. RHODES 231 Kan. 74, 643 P.2d 116 (1982) CASE BRIEF

ROBERTS V. RHODES

231 Kan. 74, 643 P.2d 116 (1982)

NATURE OF THE CASE: This was an action to determine title to land. Appealed. Roberts (P), a husband and a wife appealed a decision which reversed a decision by the trial court and held that Rhodes (D), purchaser, held title to two adjacent tracts of land because the school district that had conveyed the property to the purchasers held the property in fee simple.

FACTS: The land at issue was conveyed by quitclaim deed to a school district. The deeds provided that the land was to be used only for school and/or cemetery purposes, but did not state what was to happen to the land in the event that it was no longer used for such purposes. The school district sold the land. Rhodes (D) had acquired it by mesne conveyances by the time suit was filed. Roberts (P) claimed title to the land by deed, and by reversion because the land is no longer used for school purposes. The trial court held that the land reverted when it was no longer used for school purposes, and found in P's favor. The Court of Appeals held that the deeds conveyed a fee simple to the school district, and reversed the trial court. P appeals.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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