The Woods (plaintiffs) conveyed a parcel of land “for the purpose of constructing and maintaining thereon a County Hospital.” The Board of County Commissioners of Fremont County (Board) (defendant) built and ran a hospital for 35 years, but then sold the land and the hospital to a private company. The private company ran the hospital for about a year, but then put it up for sale. The Woods then brought suit claiming that its original conveyance created either a fee simple determinable or a fee simple subject to a condition subsequent. The lower court ruled in favor of the Board. The Woods appealed.