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Roberts v. Rhodes

Law Dictionary
CASE BRIEFS

Law Dictionary

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Property Law Keyed to Cribbet

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Bloomberg Law

Citation. 22 Ill.231 Kan. 74, 643 P.2d 116 (1982)

Brief Fact Summary. Lands were deeded to a school district in 1902 and 1908 to be used for school or (and in the second deed) cemetery purposes. The school district sold the land in 1971 and the heirs of the original grantors sued to claim reversion of the lands since they were no longer being used for school purposes.

Synopsis of Rule of Law. The mere statement of the purpose for which deeded lands are to be used does not, without the language of reversion, create by itself a limitation on the extent of the grant.


Facts. In 1902 a quitclaim deed was made of land to the Montgomery County school district. The deed stated that the grant was made for school or cemetery purposes only. A second deed in 1908 was made to the Montgomery County school district and stated that the land so granted was to be used for school and cemetery purposes only. Both deeds were grants to “their heirs and assigns.” Then, in 1971 the school district sold the lands to Defendant, the lands had been used for school purposes but never for cemetery purposes. That the Plaintiff was an heir of the original grantors and claimed a reversion interest in the lands based on the fact that, upon the sale, the lands were no longer being used for school purposes. The lower court found for Plaintiff and that the lands reverted to the heirs and assigns of the original grantors. The intermediate appellate court reversed the lower court and found that the deeds in 1902 and 1908 deeded a fee simple title to the school district. The Plainti
ff appealed.

Issue. Does the language in the quitclaim deeds regarding the description of the purpose for which the land was to be used create a limitation on the title to the school district such that the heirs and assigns of the original grantors have a reversion interest in the lands when they are no longer used for school purposes?

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