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Roberts v. Rhodes

Supreme Court of Kansas
643 P.2d 116 (1982)


A school district in Montgomery County, Kansas, received grants of land by deeds from two different individuals. One deed stated “it being understood that this grant is made only for school or cemetery purposes.” The second deed stated “it being understood that this grant is made for school and cemetery purposes only.” The school district used the land conveyed by the two deeds for school purposes over the course of sixty years. When the school district stopped using the land, it sold the land to Rhodes (defendant). Roberts (plaintiff) claimed title to the land as the holder of deeds acquired from the original grantors’ heirs. Roberts asserted that title reverted to the assigns of the original landowners upon cessation of use of the land for school purposes. The district court found that the deeds conveyed title in fee simple determinable and that title reverted to the assigns of the original deeds. Rhodes appealed. The appellate court concluded that the deeds conveyed fee simple title to the school district and reversed the district court ruling. Roberts petitioned the Supreme Court for review.

Rule of Law


Holding and Reasoning (Fromme, J.)

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