The Higbee Corporation (defendant) owned nine acres of land in Bethel Park, Pennsylvania. James Kennedy (plaintiff) claimed an interest in a strip of land that passed through Higbee’s property. The original grant to the land claimed by Kennedy stated that the grantee would have the land forever provided that it be used as a road. The grant also stated that the grantee agreed to keep a fence and would forfeit his claim to the property should he fail to do so. In this eventuality, the property would revert to the grantor. Higbee filed an action to quiet title. The trial court determined that Kennedy’s interest in the strip of land was a fee simple determinable. Kennedy appealed to the Pennsylvania Superior Court.